NORTH WARWICKSHIRE BOROUGH COUNCIL v STEPHANIE AYLETT

NORTH WARWICKSHIRE BOROUGH COUNCIL v STEPHANIE AYLETT

Personal service of the injunction was only proved against John Jordan; therefore, contempt was only established against him for occupying the tunnel after service. The conduct fell within the prohibited acts under the injunction, occurred in the locality of the terminal, and was in connection with a protest against fossil fuels. The applications against Aylett and Goode failed for want of service.

Parties
Claimant: North Warwickshire Borough Council; Defendant: Stephanie Aylett; Defendant: Callum Goode; Defendant: John Jordan
Jurisdiction
England and Wales
Judgment Date
12 September 2022
Procedural Posture
Contempt of Court Application / Judgment on Liability and Sentence
Outcome
Contempt proved against John Jordan; applications against Aylett and Goode dismissed for want of service.
Legal Topics
Contempt of Court, Service of Process, Injunctions, Protest Law, Alternative Service, Civil Disobedience, Sentencing for Contempt
Civil Procedure Public Order Environmental Law Contempt of Court Service of Process Injunctions Protest Law Alternative Service +2 more

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Parties

North Warwickshire Borough Council

Claimant

Stephanie Aylett

Defendant

Callum Goode

Defendant

John Jordan

Defendant

Procedural Posture

Contempt of Court Application / Judgment on Liability and Sentence

Legal Issues

  1. 1 Whether the defendants were properly served with the injunction to ground contempt proceedings
  2. 2 Proper interpretation of the injunction clauses 1(b)(ix) and 1(b)(xi)
  3. 3 Whether the defendants' actions occurred in the 'locality' of the terminal

Ratio Decidendi

Personal service of the injunction was only proved against John Jordan; therefore, contempt was only established against him for occupying the tunnel after service. The conduct fell within the prohibited acts under the injunction, occurred in the locality of the terminal, and was in connection with a protest against fossil fuels. The applications against Aylett and Goode failed for want of service.

Court Disposition

Contempt proved against John Jordan; applications against Aylett and Goode dismissed for want of service.

Orders

  • Stephanie Aylett and Callum Goode discharged from bail; claimant to pay their costs on the standard basis.
  • John Jordan sentenced to 14 days' imprisonment suspended for two years on condition of compliance with injunctions in this claim.