Yorkshire Water Services Ltd & Anor v Muziczka

Yorkshire Water Services Ltd & Anor v Muziczka

The respondent's act of physically standing in the road and preventing a tanker from passing constituted a clear and deliberate breach of the injunction, proved beyond reasonable doubt and justifying a committal order. The emails, while abusive and indicating intent to breach, did not themselves constitute contempt under the terms of the injunction.

Parties
Appellant: Yorkshire Water Services Limited; Appellant: Bovis Homes Limited; Respondent: Alexander Ivan Muziczka
Jurisdiction
England and Wales
Judgment Date
30 July 2019
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed in part; findings of contempt in respect of emails set aside; penalty for tanker incident upheld
Legal Topics
Injunctions, Right of Way, Civil Restraint Orders, Committal for Contempt
Civil Procedure Property Law Contempt of Court Injunctions Right of Way Civil Restraint Orders Committal for Contempt

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Parties

Yorkshire Water Services Limited

Appellant

Bovis Homes Limited

Appellant

Alexander Ivan Muziczka

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the respondent breached the terms of an injunction by obstructing a right of way and by sending emails threatening obstruction
  2. 2 Whether the findings of contempt in respect of the emails constituted contempt of court
  3. 3 Appropriateness of the penalty imposed for contempt

Ratio Decidendi

The respondent's act of physically standing in the road and preventing a tanker from passing constituted a clear and deliberate breach of the injunction, proved beyond reasonable doubt and justifying a committal order. The emails, while abusive and indicating intent to breach, did not themselves constitute contempt under the terms of the injunction.

Court Disposition

appeal dismissed in part; findings of contempt in respect of emails set aside; penalty for tanker incident upheld

Orders

  • Findings of contempt in respect of the two emails set aside
  • Committal order of 90 days suspended for two years for the tanker incident upheld