The Commission for Equality & Human Rights v Griffin & Ors [2011] EWHC 675 (Admin) (21 March 2011)

The Commission for Equality & Human Rights v Griffin & Ors [2011] EWHC 675 (Admin) (21 March 2011)

The defendants were successful in establishing that their interpretation of the court order was correct and that the amendments to the BNP's constitution complied with the order. The Commission should pay the defendants' costs of the committal proceedings, with set-off against costs recoverable from Mr. Griffin for his abandoned application. No indemnity costs or interim payments were warranted.

Citation
[2011] EWHC 675 (Admin)
Parties
Claimant: The Commission for Equality & Human Rights; Defendant: Nicholas John Griffin; Defendant: Tanya Jane Lumby; Defendant: Simon Darby
Jurisdiction
England and Wales
Judgment Date
21 March 2011
Procedural Posture
Committal Application and Costs Determination / Post Judgment, Costs Decision
Outcome
Application for committal dismissed; costs awarded to defendants with set-off for Mr. Griffin; no indemnity costs or interim payments ordered.
Legal Topics
Committal for Contempt, Costs Orders, Interpretation of Court Orders, Equality Act 2006
Civil Procedure Equality Law Human Rights Committal for Contempt Costs Orders Interpretation of Court Orders Equality Act 2006

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Parties

The Commission for Equality & Human Rights

Claimant

Nicholas John Griffin

Defendant

Tanya Jane Lumby

Defendant

Simon Darby

Defendant

Procedural Posture

Committal Application and Costs Determination / Post Judgment, Costs Decision

Legal Issues

  1. 1 Whether the amendments to the BNP's constitution complied with the court order of 12 March 2010
  2. 2 Who should bear the costs of the committal proceedings and related applications

Ratio Decidendi

The defendants were successful in establishing that their interpretation of the court order was correct and that the amendments to the BNP's constitution complied with the order. The Commission should pay the defendants' costs of the committal proceedings, with set-off against costs recoverable from Mr. Griffin for his abandoned application. No indemnity costs or interim payments were warranted.

Court Disposition

Application for committal dismissed; costs awarded to defendants with set-off for Mr. Griffin; no indemnity costs or interim payments ordered.

Orders

  • Commission to pay Ms. Lumby's and Mr. Darby's costs of the committal proceedings.
  • Commission to pay Mr. Griffin's costs of the committal proceedings, subject to set-off against costs recoverable from him for his application.