John Bruce v Wychavon District Council
[2023] EWCA Civ 1389
Adam (formerly known as Michael Merrill) v Cheshire East Council
12 March 2024
[2024] EWCA Civ 536
Court of Appeal
A man built illegal buildings and ignored court orders to remove them, claiming God told him to. The court said he had to remove the buildings, and his appeal failed because he disobeyed the law, and his religious beliefs were irrelevant to this legal matter.
Key Facts
- •Adam (formerly Michael Merrill) appealed a 12-month suspended sentence for contempt of court related to breaching a planning injunction.
- •The injunction, issued under s187B of the Town and Country Planning Act 1990, required the removal of unauthorised buildings on his land.
- •Adam and his wife refused to comply, claiming they were not bound by planning laws due to their religious beliefs and that the land belonged to God.
- •The judge found Adam in contempt, citing flagrant breaches and intentional defiance of the court order.
- •Adam argued he was not a "person" under the Act, the land was not his, and the injunction was disproportionate.
- •The Court of Appeal dismissed Adam's appeal.
Legal Principles
Interpretation of "person" in statutes.
Interpretation Act 1978, Schedule 1; Re AB (A Child) (Habeas Corpus) [2024] EWCA Civ 105
Jurisdiction of the court to issue injunctions under s187B of the Town and Country Planning Act 1990.
Town and Country Planning Act 1990, s187B
Standard of proof in contempt proceedings.
Not explicitly stated but implied throughout the judgement.
Sentencing principles in contempt of court cases.
Not explicitly sourced but discussed in the judgement.
Relevance of land ownership in planning injunctions.
Not explicitly sourced but discussed in the judgement.
Outcomes
Appeal dismissed.
The Court of Appeal upheld the judge's findings of contempt, rejecting Adam's arguments regarding his status as a "person," land ownership, and the validity of the injunction. The sentence was deemed proportionate.
Adam found in contempt of court.
Flagrant and intentional disregard of a court order.
12-month suspended sentence upheld.
Seriousness of the breaches and the lack of genuine remorse or intent to comply.