Cheshire East Borough Council v Maloney & Ors [2021] EWHC 350 (QB) (16 February 2021)

Cheshire East Borough Council v Maloney & Ors [2021] EWHC 350 (QB) (16 February 2021)

Mr Maloney was found in contempt of court for knowingly and deliberately breaching the terms of interim injunctions by encouraging and allowing unauthorised development and the siting of additional caravans, despite being aware of the orders. The appropriate and proportionate response is to limit the number of caravans permitted on site to those present at the time of the first injunction, not to reward disobedience by allowing the later arrivals to remain.

Citation
[2021] EWHC 350 (QB)
Parties
Claimant: Cheshire East Borough Council; Defendant: Mr Michael Maloney; Defendant: Mrs Sheila Maloney; Defendant: Mr Michael Maloney Senior; Defendant: Ms Bridget Maloney; Defendant: Ms Helen Lisa Maloney; Defendant: Persons Unknown Depositing Hardcore, Bringing Caravans and Residentially Occupying the Land on the South Side of Broadoak Lane, Mobberley, Knutsford, Cheshire; Defendant: Total Plant Hire; Defendant: Mr Thomas Haligan; Defendant: W Doherty & Sons Ltd; Defendant: Mr Paul Rennie; Defendant: Mr Glyn Parr; Defendant: Mr Adrian Draper
Jurisdiction
England and Wales
Judgment Date
16 February 2021
Procedural Posture
Committal and Injunction Application / Post Interim Injunction, Final Determination of Contempt and Terms of Continuing Injunction
Outcome
Mr Maloney found in contempt of court on multiple allegations; terms of continuing injunction to be limited to eight caravans as present at the time of the first injunction; parties invited to agree terms of injunction reflecting these findings.
Legal Topics
Contempt of Court, Planning Injunctions, Article 8 ECHR, Public Sector Equality Duty, Children's Rights
Planning Law Civil Procedure Human Rights Contempt of Court Planning Injunctions Article 8 ECHR Public Sector Equality Duty Children's Rights

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Parties

Cheshire East Borough Council

Claimant

Mr Michael Maloney

Defendant

Mrs Sheila Maloney

Defendant

Mr Michael Maloney Senior

Defendant

Ms Bridget Maloney

Defendant

Ms Helen Lisa Maloney

Defendant

Persons Unknown Depositing Hardcore, Bringing Caravans and Residentially Occupying the Land on the South Side of Broadoak Lane, Mobberley, Knutsford, Cheshire

Defendant

Total Plant Hire

Defendant

Mr Thomas Haligan

Defendant

W Doherty & Sons Ltd

Defendant

Mr Paul Rennie

Defendant

Mr Glyn Parr

Defendant

Mr Adrian Draper

Defendant

Procedural Posture

Committal and Injunction Application / Post Interim Injunction, Final Determination of Contempt and Terms of Continuing Injunction

Legal Issues

  1. 1 Whether Mr Maloney is in contempt of court for breach of interim injunctions
  2. 2 Appropriate terms and scope of continuing planning injunction

Ratio Decidendi

Mr Maloney was found in contempt of court for knowingly and deliberately breaching the terms of interim injunctions by encouraging and allowing unauthorised development and the siting of additional caravans, despite being aware of the orders. The appropriate and proportionate response is to limit the number of caravans permitted on site to those present at the time of the first injunction, not to reward disobedience by allowing the later arrivals to remain.

Court Disposition

Mr Maloney found in contempt of court on multiple allegations; terms of continuing injunction to be limited to eight caravans as present at the time of the first injunction; parties invited to agree terms of injunction reflecting these findings.

Orders

  • Case to be listed for further hearing to address consequences of contempt findings with Mr Maloney in remote attendance.
  • Continuing injunction to restrain further development and limit occupation to eight caravans; terms to be agreed or determined at next hearing.