Assured Energy LLP Pollock & Anor [2023] NICh 2 (24 March 2023)

The breaches of undertaking constituted civil contempt but were low-level harassment and nuisance without violence or business impact; mitigating factors and agreement to pay costs justified fines rather than imprisonment.

Citation: [2023] NICh 2
Parties: Plaintiff/applicant: Assured Energy LLP; First Defendant/respondent: Raymond Pollock; Second Defendant: Martha Elizabeth Pollock
Jurisdiction: Northern Ireland
Judgment Date: 24 March 2023
Procedural Posture: Application for Committal for Contempt of Court / Judgment on Penalty Following Admission of Contempt
Outcome: Fines imposed for contempt; no imprisonment ordered.
Legal Topics: Contempt of Court, Breach of Undertaking, Lease Disputes, Harassment, Injunctions

Civil Procedure Property Law Contempt of Court Breach of Undertaking Lease Disputes Harassment Injunctions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 9

Parties

Assured Energy LLP

Plaintiff/applicant

Raymond Pollock

First Defendant/respondent

Martha Elizabeth Pollock

Second Defendant

Procedural Posture

Application for Committal for Contempt of Court / Judgment on Penalty Following Admission of Contempt

Legal Issues

1 Whether the first defendant breached undertakings given to the court
2 Appropriate penalty for contempt of court

Ratio Decidendi

Court Disposition

Fines imposed for contempt; no imprisonment ordered.

Orders

First defendant fined £500 each for charges 1 and 3.
First defendant fined £750 for charge 2.