Esso Petroleum Company Limited v Scott Breen & Ors

Esso Petroleum Company Limited v Scott Breen & Ors

The defendant intentionally and contumeliously breached the injunction by remaining on the land, constructing a structure, obstructing the pipeline project, and publicising his contempt. The breaches were aggravated by refusal to cooperate, public taunting, and avoidance of arrest. The custody threshold was crossed, warranting immediate imprisonment and a fine, with mitigation for late admission and apology.

Parties
Claimant: Esso Petroleum Company Limited; Defendant: Scott Breen; Defendant: Persons Unknown 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 Application / Judgment on Committal for Contempt
Outcome
Defendant found in contempt of court; immediate custodial sentence imposed.
Legal Topics
Breach of Injunction, Committal Proceedings, Sentencing for Contempt, Civil Protest, European Convention on Human Rights
Civil Procedure Injunctions Contempt of Court Breach of Injunction Committal Proceedings Sentencing for Contempt Civil Protest European Convention on Human Rights

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Parties

Esso Petroleum Company Limited

Claimant

Scott Breen

Defendant

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

Defendant

Procedural Posture

Contempt of Court Application / Judgment on Committal for Contempt

Legal Issues

  1. 1 Whether the defendant breached the terms of the injunction granted by Eyre J.
  2. 2 Whether the breaches warrant committal for contempt and imprisonment
  3. 3 Appropriate sanction for contempt given aggravating and mitigating factors

Ratio Decidendi

The defendant intentionally and contumeliously breached the injunction by remaining on the land, constructing a structure, obstructing the pipeline project, and publicising his contempt. The breaches were aggravated by refusal to cooperate, public taunting, and avoidance of arrest. The custody threshold was crossed, warranting immediate imprisonment and a fine, with mitigation for late admission and apology.

Court Disposition

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

Orders

  • Immediate prison sentence of 112 days for contempt of court.
  • Fine of £1,500 imposed on the defendant.