HM Solicitor General v Stephen Yaxley-Lennon
[2024] EWHC 2732 (KB)
Jamal Jihazi v Stephen Yaxley Lennon (aka Tommy Robinson)
30 July 2024
[2024] EWHC 1991 (KB)
High Court
Tommy Robinson is accused of ignoring a court order. He didn't show up to court, so the judge made a decision anyway, saying the order was properly served and that he had a chance to defend himself. The judge also said another court hearing will happen later, and a warrant is out for Robinson's arrest if he doesn't show up.
Key Facts
- •Stephen Yaxley-Lennon (Tommy Robinson) accused of contempt of court for breaching an injunction prohibiting publication of libelous allegations against Jamal Hijazi.
- •Yaxley-Lennon failed to attend a directions hearing despite alleged personal service and notification.
- •The court considered whether to proceed in his absence, the need for substituted service, permission for the contempt application, and issuing a warrant for his arrest.
- •Yaxley-Lennon allegedly continued to breach the injunction after the application was filed, including a demonstration outside the Royal Courts of Justice.
Legal Principles
A judge has discretion to proceed with a criminal trial in a defendant's absence, but this power must be exercised with great caution, considering relevant factors.
R v Jones [2002] UKHL 5 [2003] 1 AC 1
Contempt proceedings are quasi-criminal; principles from R v Jones are relevant.
Attorney General v Branch [2021] EWHC 1735 (Admin) and Sanchez v Oboz [2015] EWHC 235 (Fam)
Permission to make a contempt application is required for interference with the due administration of justice, except for existing High Court or county court proceedings.
CPR 81.3(5)
The court may issue a bench warrant to secure a defendant's attendance.
CPR 81.7(2)
'Existing proceedings' in CPR 81.3(5) includes proceedings where a final order has been made, as they continue to have legal vitality.
Care Surgical Ltd v Bennetts [2021] EWHC 3031 (Ch) and Achille v Calcutt [2024] EWHC 348 (KB)
Outcomes
The court proceeded with the directions hearing in Yaxley-Lennon's absence.
Yaxley-Lennon was personally served; no good reason for absence; hearing only set directions; Yaxley-Lennon had opportunity to be heard but chose not to.
Substituted service authorized.
Difficulties in serving Yaxley-Lennon; possibility he's outside the UK; email and social media service permitted.
Solicitor General does not require permission to make the contempt application.
Application relates to existing High Court proceedings (QB-2019-001740); consistent with Care Surgical and Achille.
Bench warrant issued for Yaxley-Lennon's arrest for the substantive hearing.
Highly desirable for his presence; absence from directions hearing suggests potential absence from substantive hearing; balances fairness with expeditious progress. Warrant execution delayed until October to allow for voluntary attendance or explanation.