Key Facts
- •National Highways Limited (NHL) applied to commit 18 defendants for contempt of court for breaching a precautionary injunction against trespassing on M25 structures.
- •The injunction, granted by Chamberlain J, was served via alternative methods due to the defendants being 'Persons Unknown'.
- •Defendants were involved in Just Stop Oil (JSO) protests, causing significant motorway disruption.
- •Thirteen defendants claimed lack of knowledge of the injunction; eleven reached agreements with NHL, resulting in undertakings for future conduct.
- •Five defendants admitted knowledge of and breach of the injunction, leading to this judgment on sanction.
Legal Principles
There is no tariff for sanctions for contempt of court; the sanction depends on the facts and focuses on 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, prejudice, pressure on the contemnor, deliberateness, cooperation, apology, and mitigating factors when determining sanction.
Kirin judgment [114]-[119]
Imprisonment is a serious sanction, reserved for serious contumacious flouting of court orders; the maximum sentence is 2 years.
Kirin judgment [114]-[119]
Conscientious motives are relevant, and a lesser sanction may be appropriate, but this does not justify flouting court orders with impunity.
Kirin judgment
An applicant for civil contempt has a legitimate private interest and can advocate for a particular sanction, subject to a high standard of fairness.
Navigator Equities v. Deripaska [2021] EWCA Civ 1799 at [137]-[138]; Business Mortgage Finance v. Hussain [2022] EWCA Civ 1264 at [131]
Outcomes
No penalty for Whitehouse and Springorum due to prior sentences for public nuisance.
The court considered the prior sentences sufficient punishment.
Rennie-Nash: 40-day committal (60 days less one-third credit), suspended for 2 years.
High culpability and harm, but mitigating factors such as age, apology, and character references led to suspension.
Hekt: 32-day committal (48 days less one-third credit), suspended for 2 years.
Mitigating factors included cooperation with police and apology.
Mitchell: 32-day committal (48 days less one-third credit), suspended for 2 years.
Mitigating factors included prior undertaking, compliance, caring responsibilities, and apology, although the apology was given shortly before the hearing.