The Chief Constable of Kent Police & Anor v Daryll Sturgess Taylor
[2024] EWHC 813 (KB)
HM Solicitor General v Stephen Yaxley-Lennon
28 October 2024
[2024] EWHC 2732 (KB)
High Court
Tommy Robinson repeatedly broke a court order not to spread lies about someone. The judge said this was a serious crime because it undermines the justice system. He was sent to prison for 18 months because of it.
Key Facts
- •Stephen Yaxley-Lennon (Tommy Robinson) was found in contempt of court for 10 breaches of an injunction prohibiting him from publishing certain allegations about a claimant.
- •The injunction was granted following a libel trial where Robinson was found liable for defamation.
- •Robinson admitted the breaches but only at the hearing, despite opportunities for earlier admissions.
- •The breaches involved multiple publications of a film ('Silenced') and interviews.
- •Robinson failed to attend a previous court hearing and left the jurisdiction.
- •The court considered the impact of Robinson's actions on the administration of justice and his high level of culpability.
- •Mitigating factors considered included the length of time Robinson complied with the injunction before the breaches, the impact of prison conditions, and the absence of remorse.
Legal Principles
Court injunctions must be obeyed; a party cannot pick and choose which laws to obey.
Common law; rule of law
Sanctions for contempt are necessary to maintain the rule of law and enforce court orders.
Attorney General v Punch Ltd [2002] UKHL 50
Contempt of court proceedings are about enforcing the rule of law, not protecting courts from criticism.
Attorney General v Yaxley-Lennon [2019] EWHC 1791 (QB)
The court's role is to determine contempt applications fairly and independently, not to relitigate the underlying issues.
Common law
Sanctions for contempt may include imprisonment, fines, sequestration of assets, or no order.
CPR 81.9(1)
The maximum term of imprisonment for contempt is 2 years, regardless of the number of breaches.
section 14(1) Contempt of Court Act 1981
Early admission of contempt may justify a reduction in sanction.
Aspect Capital Ltd v Christensen [2010] EWHC 744 (Ch)
When assessing seriousness of contempt, consider culpability and harm caused, analogous to criminal cases.
HM Attorney General v Crosland [2021] UKSC 15
A court order need not be personally served if the defendant was present when the order was made and aware of it.
Hearn v Tennant (1807) 14 Ves Jun 136
In defamation, a defendant is responsible for publication even if they didn't publish it themselves, but authorized or knowingly involved themselves in its publication.
Bunt v Tilley [2006] EWHC 407 (QB)
Outcomes
Yaxley-Lennon was found in contempt of court for 10 breaches of the injunction.
The court found his breaches to be deliberate, planned, and flagrant, causing significant harm to the administration of justice.
Yaxley-Lennon was committed to prison for 18 months less 3 days (time already served).
This sentence reflected the seriousness of the breaches, the high level of culpability, and the mitigating factors considered.
Yaxley-Lennon was ordered to pay the costs of the applications.
Standard legal costs following a finding of contempt.