Birmingham City Council v Victoria Adshead

Birmingham City Council v Victoria Adshead

The Defendant's admitted conduct of driving in convoy and racing at excessive speed within Birmingham constituted a deliberate breach of paragraph 1 of the injunction, amounting to contempt of court. The seriousness of the breach and associated risks warranted a custodial sentence, but mitigation and early admission...

Source-derived case information.

Parties
Claimant: Birmingham City Council; Defendant: Ms Victoria Adshead
Jurisdiction
England and Wales
Judgment Date
09 April 2024
Procedural Posture
Contempt of Court (civil Injunction) / Sentencing Judgment
Outcome
Suspended committal order for contempt of court; costs order against Defendant
Legal Topics
Contempt of Court, Injunction Breach, Street Cruising, Sentencing, Costs
Civil Procedure Local Government Law Public Order Contempt of Court Injunction Breach Street Cruising Sentencing Costs

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Parties

Birmingham City Council

Claimant

Ms Victoria Adshead

Defendant

Procedural Posture

Contempt of Court (civil Injunction) / Sentencing Judgment

Legal Issues

  1. 1 Whether the defendant breached the terms of a civil injunction by participating in a street cruise within Birmingham
  2. 2 Appropriate sentence for contempt of court for breach of injunction

Ratio Decidendi

The Defendant's admitted conduct of driving in convoy and racing at excessive speed within Birmingham constituted a deliberate breach of paragraph 1 of the injunction, amounting to contempt of court. The seriousness of the breach and associated risks warranted a custodial sentence, but mitigation and early admission justified suspension of the committal order.

Court Disposition

Suspended committal order for contempt of court; costs order against Defendant

Orders

  • 26 days' imprisonment suspended for 12 months on condition of compliance with the injunction
  • Defendant to pay Claimant's costs of £2,174.30 by instalments of £250 per month, first payment by 8 August 2024