North Warwickshire Borough Council v Peter Morgan

North Warwickshire Borough Council v Peter Morgan

The defendant deliberately breached the injunction, but the six days spent in jail on remand was deemed sufficient punishment; no further penalty was imposed.

Parties
Claimant: North Warwickshire Borough Council; Defendant: Peter Morgan
Jurisdiction
England and Wales
Judgment Date
19 May 2022
Procedural Posture
Civil / Judgment
Outcome
Breach of injunction found; no further penalty imposed due to time served; costs order made.
Legal Topics
Breach of Injunction, Sentencing, Costs
Civil Procedure Breach of Injunction Sentencing Costs

Case Brief

Summary, issues, holding and outcome

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Parties

North Warwickshire Borough Council

Claimant

Peter Morgan

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant breached the injunction
  2. 2 Whether the breach was deliberate
  3. 3 Appropriate sanction for breach of civil injunction

Ratio Decidendi

The defendant deliberately breached the injunction, but the six days spent in jail on remand was deemed sufficient punishment; no further penalty was imposed.

Court Disposition

Breach of injunction found; no further penalty imposed due to time served; costs order made.

Orders

  • No further penalty for breach of injunction; defendant released.
  • Defendant to pay £250 towards claimant’s costs within 28 days.