Birmingham City Council v Adhnan Mohammed
[2024] EWHC 568 (KB)
Birmingham County Council v Callum Blunderfield
28 September 2023
[2023] EWHC 2594 (KB)
High Court
A young man was caught street racing and breaking traffic laws. He admitted he did it and got a suspended jail sentence (he'll go to jail if he breaks the law again) and had to pay some money.
Key Facts
- •Mr. Callum Blunderfield admitted contempt of court for breaching an interim injunction prohibiting street cruising in Birmingham on August 28, 2023.
- •The breach involved racing at excessive speeds (over 100 mph in a 40 mph zone), running red lights, and driving dangerously.
- •Blunderfield partially obscured his number plate to avoid detection.
- •Blunderfield admitted the contempt, expressing remorse.
- •Blunderfield is 21 years old, employed, and of previous good character.
Legal Principles
In civil contempt cases, the burden of proof is on the claimant to prove the allegation beyond reasonable doubt.
None explicitly stated, but inherent in contempt proceedings.
Objectives when imposing penalties for civil contempt are: (1) ensuring future compliance; (2) punishment; (3) rehabilitation. Priority differs from criminal sentencing.
Lovett v Wigan Borough Council [2022] EWCA (Civ) 1631
When assessing sanctions in contempt cases, consider the seriousness of the conduct (culpability and harm), and whether a fine is sufficient; if not, impose the shortest custodial sentence reflecting the seriousness, considering mitigation and the impact on others. Reduce sentence for early admission.
Attorney-General v Crosland [2021] UKSC 15; Liverpool Victoria Insurance Co Ltd v Khan [2019] EWCA Civ 392
In assessing sentence for contempt, culpability and harm must be considered, drawing parallels (but not complete analogy) to antisocial behaviour.
Lovett v Wigan
Costs generally follow the event in civil contempt cases unless a reason to depart exists.
Judge's implicit reasoning
Costs protection under section 26 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 does not apply to those receiving criminal legal aid for contempt proceedings.
Secretary of State for Transport v Cuciurean [2022] EWCA (Civ) 661
Outcomes
46-day suspended prison sentence for 12 months, conditional on compliance with the injunction.
Breach was serious, only custodial sentence would suffice; mitigation (age, good character, remorse) and prospects for rehabilitation considered; suspended sentence to ensure future compliance.
Order to pay £1000 in costs to the claimant by November 30, 2023.
Costs generally follow the event in successful contempt proceedings, and defendant has sufficient means to pay.