Sheffield City Council v Brooke

Sheffield City Council v Brooke

Defence of another is capable of providing a defence to an application to commit for contempt if the defendant had an honest belief that intervention was necessary and the action taken was objectively reasonable in the circumstances as perceived by the defendant; in this case, Mr Brooke's entry into the safety zone was justified by his honest belief and was reasonable given the perceived urgency and lack of police intervention.

Parties
Claimant: Sheffield City Council; Defendant: Paul Brooke
Jurisdiction
England and Wales
Judgment Date
21 June 2018
Procedural Posture
Application to Commit for Contempt / Judgment
Outcome
application dismissed
Legal Topics
Defence of Another, Breach of Undertaking, Injunction Enforcement
Civil Procedure Contempt of Court Defence of Another Breach of Undertaking Injunction Enforcement

Case Brief

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Parties

Sheffield City Council

Claimant

Paul Brooke

Defendant

Procedural Posture

Application to Commit for Contempt / Judgment

Legal Issues

  1. 1 Is defence of another a valid defence to contempt for breach of a court undertaking?
  2. 2 Does the criminal or civil law test apply to the defence of another in contempt proceedings?
  3. 3 Was the defendant's belief honest and/or reasonable?

Ratio Decidendi

Defence of another is capable of providing a defence to an application to commit for contempt if the defendant had an honest belief that intervention was necessary and the action taken was objectively reasonable in the circumstances as perceived by the defendant; in this case, Mr Brooke's entry into the safety zone was justified by his honest belief and was reasonable given the perceived urgency and lack of police intervention.

Court Disposition

application dismissed