National Highways Limited v Adelheid Russenberger & Ors
[2024] EWHC 566 (KB)
National Highways Limited v Aaron Gunning & Ors
6 June 2024
[2024] EWHC 1506 (KB)
High Court
Fourteen people broke a court order by protesting on the M25. The judge decided what punishment they deserved, considering whether they knew about the order and how sorry they were. Some got a warning; one got a suspended jail sentence.
Key Facts
- •14 defendants were accused of contempt of court for breaching a precautionary injunction against trespassing on M25 motorway structures (gantries).
- •The injunction (Chamberlain Order) was served via alternative methods due to unknown defendants.
- •Defendants were arrested and charged with public nuisance.
- •12 defendants claimed lack of prior knowledge of the injunction; this was accepted by the claimant (NHL) as relevant to sanction, not breach.
- •12 defendants reached a compromise: undertakings regarding future conduct in exchange for dismissal of contempt charges.
- •Two defendants, Goodey and Onley, admitted contempt, with Onley having prior knowledge and Goodey gaining knowledge while on the gantry.
- •Goodey received a 6-month prison sentence for public nuisance in Magistrates Court.
- •Onley was remanded in custody before being granted bail; his trial was pending.
Legal Principles
There is no tariff for sanctions for contempt of court; each case depends on its facts. The sanction focuses on the public interest in obeying court orders.
NHL v Heyatawin & ors [2021] EWHC 3078 (QB) at [48]-[53]; Kirin judgment [114]-[119]
The court considers culpability, harm caused, and mitigating circumstances (e.g., pressure, intent, cooperation, apology, previous character). Imprisonment is only imposed if the custody threshold is passed.
Kirin judgment [114]-[119]
Conscientious motives are relevant, and a lesser sanction may be appropriate, especially if it encourages dialogue and future compliance. However, conscientious motives do not justify ignoring court orders.
Kirin judgment
Outcomes
Compromise reached for 12 defendants: undertakings for future conduct in exchange for dismissal of contempt applications.
Fair and appropriate balance between parties and public interest.
Nicholas Onley: 24-day suspended sentence (36 days less one-third credit for admission of liability).
High culpability and harm, but strong mitigating factors (voluntary descent, early admission, apology, caregiving responsibilities) justified suspension.
Jan Goodey: No penalty.
Lack of prior knowledge, pre-existing prison sentence for public nuisance, apology, and stated intention not to breach further orders.