The London Borough of Richmond v Trotman

The London Borough of Richmond v Trotman

Given the history and risk of breach, bail conditions restricting the defendant's access to the vessel except under police escort are appropriate; additional conditions sought by the defendant are not justified without proper application.

Parties
Claimant: The London Borough of Richmond; Defendant: Trotman
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Injunction/contempt Proceedings / Final Judgment on Bail Conditions and Directions
Outcome
bail granted with conditions; directions for contempt application and future hearings; costs reserved
Legal Topics
Injunctions, Contempt of Court, Bail Conditions, Trespass, River Mooring
Civil Procedure Property Law Injunctions Contempt of Court Bail Conditions Trespass River Mooring

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Parties

The London Borough of Richmond

Claimant

Trotman

Defendant

Procedural Posture

Injunction/contempt Proceedings / Final Judgment on Bail Conditions and Directions

Legal Issues

  1. 1 breach of injunction
  2. 2 appropriate bail conditions
  3. 3 right to board vessel to collect belongings

Ratio Decidendi

Given the history and risk of breach, bail conditions restricting the defendant's access to the vessel except under police escort are appropriate; additional conditions sought by the defendant are not justified without proper application.

Court Disposition

bail granted with conditions; directions for contempt application and future hearings; costs reserved

Orders

  • Defendant bailed on condition to attend court on 28 November 2023; warrant for arrest if fails to appear.
  • Defendant not to go within five metres or interfere with vessel Kupe or encourage others to do so.