North Warwickshire Borough Council v Sarah Benn

North Warwickshire Borough Council v Sarah Benn

The time the defendant spent in custody (8 days, equivalent to a 16-day term of imprisonment) is a more severe sanction than warranted by the breaches, and it would be unjust to impose a further financial penalty. No order for a fine is made. No order as to costs is made due to the claimant's failure to provide a costs schedule.

Parties
Claimant: North Warwickshire Borough Council; Defendant: Sarah Benn
Jurisdiction
England and Wales
Judgment Date
11 May 2022
Procedural Posture
Contempt of Court (civil Injunction) / Sentencing/penalty Determination After Admitted Breaches
Outcome
No order on the breaches; no order as to costs.
Legal Topics
Breach of Injunction, Protest Law, Sentencing for Contempt, Costs in Contempt Proceedings
Civil Procedure Injunctions Contempt of Court Breach of Injunction Protest Law Sentencing for Contempt Costs in Contempt Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

North Warwickshire Borough Council

Claimant

Sarah Benn

Defendant

Procedural Posture

Contempt of Court (civil Injunction) / Sentencing/penalty Determination After Admitted Breaches

Legal Issues

  1. 1 What is the appropriate penalty for two admitted breaches of an interim injunction order?
  2. 2 Should time spent in custody be set off against any financial penalty?
  3. 3 Are costs payable by the defendant given the claimant's failure to provide a costs schedule?

Ratio Decidendi

The time the defendant spent in custody (8 days, equivalent to a 16-day term of imprisonment) is a more severe sanction than warranted by the breaches, and it would be unjust to impose a further financial penalty. No order for a fine is made. No order as to costs is made due to the claimant's failure to provide a costs schedule.

Court Disposition

No order on the breaches; no order as to costs.

Orders

  • No fine imposed due to time spent in custody.
  • No order as to costs.