Medway Council v L [2017] EWHC B29 (QB) (24 November 2017)

Medway Council v L [2017] EWHC B29 (QB) (24 November 2017)

The court found that Mr L's disclosures of information were likely to identify the child and thus constituted breaches of the reporting restriction injunction. Mr L's conduct also breached the protection from harassment injunction, and no statutory defence applied as there was no evidence of crime prevention or reasonableness. Given repeated breaches and lack of remorse, immediate custodial sentences were warranted.

Citation
[2017] EWHC B29 (QB)
Parties
Claimant: Medway Council; Defendant: Mr L
Jurisdiction
England and Wales
Judgment Date
24 November 2017
Procedural Posture
Contempt of Court / Committal Proceedings / Judgment on Applications for Breaches of Injunctions and Sentencing
Outcome
Mr L found in contempt of court for breaches of both injunctions; sentenced to immediate imprisonment.
Legal Topics
Breach of Injunction, Protection From Harassment, Reporting Restrictions, Contempt of Court, Sentencing
Civil Procedure Family Law Criminal Contempt Breach of Injunction Protection From Harassment Reporting Restrictions Contempt of Court Sentencing

Case Brief

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Parties

Medway Council

Claimant

Mr L

Defendant

Procedural Posture

Contempt of Court / Committal Proceedings / Judgment on Applications for Breaches of Injunctions and Sentencing

Legal Issues

  1. 1 Whether Mr L breached the reporting restriction injunction of Theis J
  2. 2 Whether Mr L breached the protection from harassment injunction
  3. 3 Whether any statutory defence under the Protection from Harassment Act 1997 applies

Ratio Decidendi

The court found that Mr L's disclosures of information were likely to identify the child and thus constituted breaches of the reporting restriction injunction. Mr L's conduct also breached the protection from harassment injunction, and no statutory defence applied as there was no evidence of crime prevention or reasonableness. Given repeated breaches and lack of remorse, immediate custodial sentences were warranted.

Court Disposition

Mr L found in contempt of court for breaches of both injunctions; sentenced to immediate imprisonment.

Orders

  • Mr L sentenced to 6 months imprisonment for each breach, to run concurrently.
  • Suspended 56-day sentences for previous breaches activated, to run concurrently.