NORTH WARWICKSHIRE BOROUGH COUNCIL v RAJAN NAIDU

NORTH WARWICKSHIRE BOROUGH COUNCIL v RAJAN NAIDU

The defendant admitted two breaches of the interim injunction. Both breaches were deliberate but caused little or no harm. The defendant's early admissions, good character, and time already spent in custody justified making no further penalty order. The time in custody exceeded the fines that would have been imposed.

Parties
Claimant: North Warwickshire Borough Council; Defendant: Rajan Naidu
Jurisdiction
England and Wales
Judgment Date
17 May 2022
Procedural Posture
Contempt of Court Proceedings / Judgment After Admission of Breach
Outcome
No order on penalty due to time served in custody; no order as to costs.
Legal Topics
Breach of Injunction, Protest Law, Sentencing for Contempt
Civil Procedure Injunctions Contempt of Court Breach of Injunction Protest Law Sentencing for Contempt

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Parties

North Warwickshire Borough Council

Claimant

Rajan Naidu

Defendant

Procedural Posture

Contempt of Court Proceedings / Judgment After Admission of Breach

Legal Issues

  1. 1 Whether the defendant breached the terms of the interim injunction
  2. 2 Appropriate penalty for admitted breaches of the injunction

Ratio Decidendi

The defendant admitted two breaches of the interim injunction. Both breaches were deliberate but caused little or no harm. The defendant's early admissions, good character, and time already spent in custody justified making no further penalty order. The time in custody exceeded the fines that would have been imposed.

Court Disposition

No order on penalty due to time served in custody; no order as to costs.

Orders

  • No financial penalty imposed for either breach of injunction.
  • Time spent in custody (six days) recorded as equivalent to a 12-day sentence.