Maidstone Borough Council v Langley Frank Beck
[2023] EWHC 2113 (KB)
Maidstone Borough Council v Langley Frank Beck & Ors
3 April 2023
[2023] EWHC 787 (Admin)
High Court
A man was ordered by a court to stop doing things on his land. He didn't stop, even though he said he was partially doing it. A doctor said he *could* stop. The judge agreed the man was at fault but gave him another chance to fix it before deciding on punishment.
Key Facts
- •Maidstone Borough Council obtained an injunction order against Langley Frank Beck in April 2021, prohibiting various activities on his land (Ancient Woodland, Tree Preservation Order, Special Landscape Area, Area of Outstanding Natural Beauty).
- •Beck failed to comply with the injunction, leading to a committal application by the Council.
- •Beck's witness statement detailed his past activities on the land and claimed partial compliance, citing difficulties and financial constraints.
- •Beck's capacity to conduct litigation was established in December 2022.
- •Beck admitted breaches of the injunction, but argued his psychiatric conditions (hoarding disorder, schizotypal disorder) hindered compliance.
- •Conflicting psychiatric reports were presented: Dr. Adelman suggesting near-impossible compliance without assistance, Dr. Wilson disagreeing and emphasizing Beck's capacity and selective compliance.
Legal Principles
Committal proceedings are essentially criminal in nature, requiring proof beyond a reasonable doubt that the defendant had the power to comply.
Melanie Olu-Williams v Oscar Olu-Williams [2018] EWHC 2464 (Fam)
Intention to breach is not necessary for contempt; the act must be deliberate and avoidable.
Re LW v CH-W and Others [2010] EWCA Civ 1253
Impossibility due to a psychiatric disorder can be a defense against contempt if compliance is truly impossible.
Sectorguard v Dienne [2009] EWHC 2693 (Ch)
Outcomes
The court preferred Dr. Wilson's evidence, finding Beck in contempt of court.
Beck's own evidence demonstrated partial compliance and selective hoarding. His psychiatric conditions did not render compliance impossible, particularly regarding prohibitions (not involving hoarding) related to land use.
Committal hearing adjourned to allow Beck to purge his contempt.
Deferring the sanction gives Beck time to comply with the order, which will influence the penalty.