Sheffield City Council v Brooke [2018] EWHC 1540 (QB) (21 June 2018)

Sheffield City Council v Brooke [2018] EWHC 1540 (QB) (21 June 2018)

Defence of another is in principle available as a defence to contempt of court. In contempt proceedings, the criminal law test applies: the defendant must have an honest belief in the necessity to act, and the action taken must be reasonable in the circumstances as perceived by the defendant. On the facts, Mr Brooke honestly believed it was necessary to enter the safety zone to defend another, and his actions were not unreasonable given his perception of imminent harm. Therefore, he is not in contempt of court.

Citation
[2018] EWHC 1540
Parties
Claimant: Sheffield City Council; Defendant: Paul Brooke
Jurisdiction
England and Wales
Judgment Date
21 June 2018
Procedural Posture
Application for Committal for Contempt of Court / Judgment After Full Hearing
Outcome
Application for committal dismissed; Mr Brooke not in contempt of court.
Legal Topics
Contempt of Court, Injunctions, Defence of Another, Tree Felling Protests, Enforcement of Court Orders
Civil Procedure Public Law Contempt of Court Injunctions Defence of Another Tree Felling Protests Enforcement of Court Orders

Case Brief

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Parties

Sheffield City Council

Claimant

Paul Brooke

Defendant

Procedural Posture

Application for Committal for Contempt of Court / Judgment After Full Hearing

Legal Issues

  1. 1 Whether defence of another is a valid defence to contempt of court
  2. 2 Whether the criminal or civil law test applies to the defence of another in contempt proceedings
  3. 3 Whether Mr Brooke had an honest belief that intervention was necessary

Ratio Decidendi

Defence of another is in principle available as a defence to contempt of court. In contempt proceedings, the criminal law test applies: the defendant must have an honest belief in the necessity to act, and the action taken must be reasonable in the circumstances as perceived by the defendant. On the facts, Mr Brooke honestly believed it was necessary to enter the safety zone to defend another, and his actions were not unreasonable given his perception of imminent harm. Therefore, he is not in contempt of court.

Court Disposition

Application for committal dismissed; Mr Brooke not in contempt of court.