London Borough of Richmond v Trotman [2023] EWHC 2967 (KB) (26 September 2023)

London Borough of Richmond v Trotman [2023] EWHC 2967 (KB) (26 September 2023)

Given the history and risk of further breaches, bail conditions restricting defendant's access to the vessel except under police escort are appropriate; no basis for prohibiting council's access or permitting defendant's access based on assignee's permission without formal variation application.

Citation
[2023] EWHC 2967 (KB)
Parties
Claimant: The London Borough of Richmond; Defendant: Trotman
Jurisdiction
England and Wales
Judgment Date
26 September 2023
Procedural Posture
Injunction and Contempt Proceedings / Interim Bail Hearing Following Alleged Breaches of Injunction
Outcome
Bail granted with conditions; defendant permitted to collect belongings from vessel under police escort; claimant permitted to issue contempt application; costs reserved.
Legal Topics
Injunctions, Contempt of Court, Trespass, Bail Conditions
Civil Procedure Local Government Law Injunctions Contempt of Court Trespass Bail Conditions

Case Brief

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Parties

The London Borough of Richmond

Claimant

Trotman

Defendant

Procedural Posture

Injunction and Contempt Proceedings / Interim Bail Hearing Following Alleged Breaches of Injunction

Legal Issues

  1. 1 Whether the defendant breached the terms of the injunction
  2. 2 Appropriate bail conditions pending contempt proceedings
  3. 3 Defendant's entitlement to access the vessel

Ratio Decidendi

Given the history and risk of further breaches, bail conditions restricting defendant's access to the vessel except under police escort are appropriate; no basis for prohibiting council's access or permitting defendant's access based on assignee's permission without formal variation application.

Court Disposition

Bail granted with conditions; defendant permitted to collect belongings from vessel under police escort; claimant permitted to issue contempt application; costs reserved.

Orders

  • Defendant bailed on condition to attend interim application on 28 November 2023.
  • Defendant not to go within five metres or interfere with vessel Kupe.