Wychavon District Council v Bruce [2016] EW Misc B39 (CC) (21 December 2016)

Wychavon District Council v Bruce [2016] EW Misc B39 (CC) (21 December 2016)

Mr Bruce deliberately and recklessly breached the Order by failing to remove specified items and bund material from the index site, and by providing false evidence to the court. The seriousness of the breaches, the attempted commercial gain, and the need to secure future compliance justify a suspended custodial sentence and a substantial fine.

Citation
[2016] EW Misc B39 (CC)
Parties
Defendant: Mr Bruce; Claimant: Council
Jurisdiction
England and Wales
Judgment Date
21 December 2016
Procedural Posture
Contempt of Court Proceedings / Sanction/remedy Hearing
Outcome
Defendant found in contempt; sentenced to 12 months' imprisonment suspended for 2 years and fined £30,000; ordered to pay claimant's costs.
Legal Topics
Contempt of Court, Breach of Injunction, Sanctions, Planning Enforcement, Environmental Compliance
Civil Procedure Planning Law Environmental Law Contempt of Court Breach of Injunction Sanctions Planning Enforcement Environmental Compliance

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Parties

Mr Bruce

Defendant

Council

Claimant

Procedural Posture

Contempt of Court Proceedings / Sanction/remedy Hearing

Legal Issues

  1. 1 Whether Mr Bruce breached the terms of the Order made by Mr Justice Soole on 14 March 2016
  2. 2 What sanction is appropriate for the breaches found

Ratio Decidendi

Mr Bruce deliberately and recklessly breached the Order by failing to remove specified items and bund material from the index site, and by providing false evidence to the court. The seriousness of the breaches, the attempted commercial gain, and the need to secure future compliance justify a suspended custodial sentence and a substantial fine.

Court Disposition

Defendant found in contempt; sentenced to 12 months' imprisonment suspended for 2 years and fined £30,000; ordered to pay claimant's costs.

Orders

  • 12 months' imprisonment suspended for 2 years conditional on compliance with the Order
  • Fine of £30,000 imposed on Mr Bruce