Cheshire East Borough Council v Maloney & Ors

Cheshire East Borough Council v Maloney & Ors

Mr Maloney knowingly breached the terms of interim injunctions by encouraging and allowing prohibited development and siting additional caravans, and failed to remedy breaches within the required timeframe; the appropriate interim injunction should preserve the status quo prior to the breaches and limit occupation to the eight caravans present at the time of the first order.

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
Civil / Judgment
Outcome
Mr Maloney found in contempt of court for specified breaches; terms of continuing injunction to be agreed by parties, limiting occupation to eight caravans.
Legal Topics
Injunctions, Breach of Planning Control, Article 8 ECHR, Public Sector Equality Duty, Duty of Candour
Planning Law Contempt of Court Human Rights Injunctions Breach of Planning Control Article 8 ECHR Public Sector Equality Duty Duty of Candour

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

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

Civil / Judgment

Legal Issues

  1. 1 Whether Mr Maloney breached interim injunctions and is in contempt of court
  2. 2 Appropriate terms and scope of continuing injunction restraining breaches of planning control

Ratio Decidendi

Mr Maloney knowingly breached the terms of interim injunctions by encouraging and allowing prohibited development and siting additional caravans, and failed to remedy breaches within the required timeframe; the appropriate interim injunction should preserve the status quo prior to the breaches and limit occupation to the eight caravans present at the time of the first order.

Court Disposition

Mr Maloney found in contempt of court for specified breaches; terms of continuing injunction to be agreed by parties, limiting occupation to eight caravans.

Orders

  • Mr Maloney found in contempt of court in respect of allegations 1,2,3,4,6,7,8,9,13 and 14.
  • Continuing injunction to limit occupation of site to eight caravans present at time of first order; parties to agree terms reflecting findings.