Summary
In contempt proceedings for breach of an injunction, liability is determined by whether the order was properly served, whether the defendant intentionally performed a prohibited act or failed to perform a required act, and whether the defendant knew the facts making that conduct a breach. The criminal standard applies. Knowledge of the order’s detailed meaning and subjective understanding ordinarily concern sanction rather than liability. A human-rights or public-law challenge cannot be introduced as an intermediate stage in determining contempt. Such matters should be raised promptly by seeking to vary or set aside the injunction. A later order permitting occupation has prospective effect unless it clearly operates retrospectively. A defence based on an honest belief formed in the heat of the moment is narrow.
Factual background
The Council sought to enforce interim injunctions made by Dove J and varied by Hill J after four Traveller families bought agricultural land and moved onto it to establish a settled base. The orders prohibited unauthorised development, preparatory works and, initially, occupation. The Council alleged that the men and women continued occupation and carried out works after service.
The defendants relied on illiteracy, lack of explanation of the orders, welfare and human-rights considerations, necessity, and the later variation permitting occupation. The central issues concerned contempt liability, knowledge and service, the temporal effect of the Hill order, and whether particular works fell within the injunction.
Held
- Liability. The court rejected an intermediate human-rights defence. Liability required the disciplined inquiry identified in Re L-W (Children) (Enforcement and Committal: Contact) [2010] EWCA Civ 1253 and Cuadrilla Bowland v Persons Unknown [2020] EWCA Civ 9: whether the order was served, whether the defendant intentionally did the prohibited act or failed to do the required act, and whether the defendant knew the facts making the conduct a breach. The applicant bore the burden and the criminal standard applied.
- Knowledge and public-law matters. Service, rather than proof that the defendant understood the order’s contents, was sufficient for liability. Subjective understanding, illiteracy and knowledge of breach were principally relevant to sanction. Article 8, equality duties and welfare enquiries could bear on whether an injunction should be made, varied or set aside, and on sanction, but not on liability.
- Hill order. Its permission for occupation was prospective. It did not retrospectively authorise occupation between service of the Dove order and the Hill order. Ownership of the land did not prevent an injunction restraining occupation.
- Sheffield defence. Sheffield City Council v Brooke [2018] EWHC 1540 (QB) recognised that an honest belief, formed in the heat of the moment, that action was necessary in defence of another could negate intentional breach. That principle did not apply to planned works or repairs.
- Findings. The defendants were in contempt for occupation and for development or preparatory works after service, including moving a shed, installing connecting pipes and laying drainage works. The court was not satisfied to the criminal standard about junction boxes, some cabling, CCTV, floodlights, septic-tank repairs, steps or replacement of a mobile home. Mr Quilligan was separately in contempt for laying surfacing outside his caravan. Sanction was adjourned.
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Appellate history
First-instance contempt proceedings. Interim injunctions were made by Dove J and varied by Hill J. An earlier application to vary the orders was dismissed by Deputy High Court Judge Darlow KC. This judgment determined liability and adjourned sanction.
Key cases cited
24 authorities cited.
- Belfast City Council (Appellants) v. Miss Behavin' Limited (Respondents) (Northern Ireland) [2007] UKHL 19
- R (on the application of Begum (by her litigation friend, Rahman)) (Respondent) v. Headteacher and Governors of Denbigh High School (Appellants) [2006] UKHL 15
- In re S (FC) (a child) (Appellant) [2004] UKHL 47
- M v Home Office (M, In re) [1994] 1 AC 377
- ADM International SARL v Grain House International SA & Anor [2024] EWCA Civ 33
- Cuciurean v The Secretary of State for Transport & Anor [2021] EWCA Civ 357
- Cuadrilla Bowland Ltd & Ors v Lawrie & Ors [2020] EWCA Civ 9
- L (A Child) [2016] EWCA Civ 173
- L-W (Children), Re [2010] EWCA Civ 1253
- A (A Child) [2008] EWCA Civ 1138
- Daltel Europe Ltd. & Ors v Makki & Ors [2006] EWCA Civ 94
- Mid-Bedfordshire District Council v Brown & Ors [2004] EWCA Civ 1709
- South Oxfordshire District Council v Darren Smith & Anor [2024] EWHC 2985 (KB)
- National Highways Limited v Charlotte Kirin & Ors [2023] EWHC 3000 (KB)
- Waverley Borough Council v Anthony Martin Gray & Ors [2023] EWHC 2161 (KB)
- Dutta, R (On the Application Of) v General Medical Council (GMC) [2020] EWHC 1974 (Admin)
- Sheffield City Council v Brooke [2018] EWHC 1540 (QB)
- Gestmin SGPS SA v Credit Suisse (UK) Ltd & Anor [2013] EWHC 3560 (Comm)
- Farnsworth v Lacy And Ors [2013] EWHC 3487 (Ch)
- R v Lincolnshire CC ex parte Atkinson [1995] 8 WLUK 182
- Churchman v Joint Shop Stewards’ Committee [1972] 1 WLR 1094
- In re Bramblevale Ltd [1970] Ch 128
- ONASSIS AND CALOGEROPOULOS v. VERGOTTIS [1968] 2 Lloyd's Rep 403
- Chapman v the United Kingdom Application Number 27238/95
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Cases citing this case
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