Esso Petroleum Company Ltd v Breen & Ors [2022] EWHC 2601 (KB) (06 September 2022)

Esso Petroleum Company Ltd v Breen & Ors [2022] EWHC 2601 (KB) (06 September 2022)

The defendant intentionally and contumaciously breached the injunction for 16 days, aggravated by constructing a structure, publicizing defiance, refusing arrest, and attempting to mislead the court. The seriousness, duration, and aggravating factors cross the custody threshold. Immediate imprisonment is necessary for punishment and deterrence; mitigation for late admission and apology reduces the sentence, but not to the point of suspension.

Citation
[2022] EWHC 2601 (KB)
Parties
Claimant: Esso Petroleum Company Limited; Defendant: Scott Breen; Defendant: The Persons Unknown who are described in Annex 1 to the Claim Form dated 10 August 2022
Jurisdiction
England and Wales
Judgment Date
06 September 2022
Procedural Posture
Contempt of Court (committal Application) / Judgment After Hearing on Committal Application
Outcome
Defendant found in contempt of court; immediate custodial sentence imposed.
Legal Topics
Breach of Injunction, Committal for Contempt, Civil Disobedience, Sentencing for Contempt, Protest Law
Civil Procedure Injunctions Contempt of Court Breach of Injunction Committal for Contempt Civil Disobedience Sentencing for Contempt Protest Law

Case Brief

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Parties

Esso Petroleum Company Limited

Claimant

Scott Breen

Defendant

The Persons Unknown who are described in Annex 1 to the Claim Form dated 10 August 2022

Defendant

Procedural Posture

Contempt of Court (committal Application) / Judgment After Hearing on Committal Application

Legal Issues

  1. 1 Whether the defendant breached the terms of a court injunction
  2. 2 Whether the breaches were intentional and contumacious
  3. 3 What is the appropriate sanction for contempt of court in the circumstances

Ratio Decidendi

The defendant intentionally and contumaciously breached the injunction for 16 days, aggravated by constructing a structure, publicizing defiance, refusing arrest, and attempting to mislead the court. The seriousness, duration, and aggravating factors cross the custody threshold. Immediate imprisonment is necessary for punishment and deterrence; mitigation for late admission and apology reduces the sentence, but not to the point of suspension.

Court Disposition

Defendant found in contempt of court; immediate custodial sentence imposed.

Orders

  • Defendant sentenced to 112 days' immediate imprisonment for contempt of court.
  • Defendant fined £1,500.