The Mayor and Burgesses of the London Borough of Richmond v Alistair Trotman
[2024] EWHC 2145 (KB)
The London Borough of Richmond v Trotman
26 September 2023
[2023] EWHC 2967 (KB)
High Court
A man was arrested twice for breaking a court order about a boat. The judge let him go free but with rules to follow, including not going near the boat. The judge said the council could accuse him of breaking the rules, and he couldn't stop the council from going to the boat himself, unless he asked the court nicely.
Key Facts
- •Injunction granted on 13 July 2023 by Lambert J against Mr Trotman, prohibiting certain conduct on the River Thames in the London Borough of Richmond-upon-Thames.
- •Injunction included a power of arrest and restrictions on mooring and trespassing.
- •Mr Trotman was arrested on 22 September and 25 September for alleged breaches of the injunction.
- •Mr Trotman appeared in court in person; the Claimant, London Borough of Richmond, was represented by counsel.
- •Parties agreed on bail conditions, including a requirement for Mr Trotman to attend a future hearing and restrictions on approaching the vessel 'Kupe'.
- •The Claimant was given permission to issue a contempt application by 6 October 2023.
- •Mr Trotman requested additional bail conditions to retrieve belongings from the vessel 'Kupe'.
Legal Principles
Outcomes
Mr Trotman was granted bail with conditions.
To ensure his appearance at future hearings and prevent further breaches of the injunction.
The Claimant was granted permission to issue a contempt application.
To allow the court to consider the allegations of breach of the injunction.
Mr Trotman's request to board the vessel 'Kupe' without police escort was refused.
The court considered that it could lead to a further breach of the injunction, and suggested a separate application for variation of the order if necessary.
Mr Trotman's request to prevent the council from boarding the vessel was refused.
The court doubted its jurisdiction to make such an order in this application, and saw no legal basis for it.
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