Mohammed Saleem Khawaja v Stela Stefanova & Ors
[2023] EWHC 915 (Ch)
The Society of Lloyd's v Sally Rosemary Noel
3 October 2023
[2023] EWHC 2480 (KB)
High Court
A woman was repeatedly told not to talk badly about her former company. She did it anyway, and the court said she had to go to jail for 12 weeks, but she won't have to unless she does it again in the next two years.
Key Facts
- •Mrs. Sally Noel, a former Lloyd's Name, repeatedly breached a 2009 court order prohibiting her from making critical or adverse statements about Lloyd's.
- •This was the third application for committal for contempt against Mrs. Noel.
- •The breaches included emails, letters, and website postings containing allegations of fraud and conspiracy against Lloyd's.
- •Mrs. Noel's defence included claims of compulsive behavior and mental health issues, supported by her GP's letter.
- •The court considered evidence from Mrs. Noel, her sons, and Lloyd's representatives.
Legal Principles
Test for contempt of court for breaching a court order: (i) notice of the order; (ii) intent to do the prohibited act; (iii) knowledge of the facts making the act a breach.
Cuadrilla Bowland Ltd & Ors v Persons Unknown & Ors [2020] 4 WLR 29 at 25
Sentencing principles for contempt of court, considering punishment and future compliance.
Solicitors Regulation Authority Ltd v Khan & Ors [2022] EWHC 45 (Ch) at 52; Financial Conduct Authority v McKendrick [2019] 4 WLR 65; AG v Crosland [2021] 4 WLR 103 at 43
Outcomes
Mrs. Noel was found in contempt of court on all six alleged breaches of the 2009 order.
The court found that Mrs. Noel intentionally breached the order, knowing that her actions constituted a breach. The breaches were deemed serious and deliberate.
A 12-week suspended prison sentence was imposed.
While the court acknowledged the seriousness of the contempt, the sentence was suspended due to Mrs. Noel's remorse, mitigating factors (including recent bereavement and potential mental health issues), and the lack of significant harm caused by her actions. The suspension is for 2 years, with the sentence to be activated if further contempt occurs.