Law digests: 29 April 2022

Contempt of court

Braintree District Council v Wilson and others [2022] EWHC 753 (QB), [2022] All ER (D) 18 (Apr)

The Queen’s Bench Division allowed the claimant local authority’s committal application for contempt of court, against the first defendant. The application had been brought on the basis that the defendant had breached court orders following alleged breaches of planning control, through causing or allowing unauthorised works to be done on his land. Prior to the hearing, the defendant had largely admitted the allegations upon which the applications had been based, such that the main issue before the court was to decide on the appropriate sanction. The court held that the defendant’s breaches of court orders had amounted to criminal contempts. The defendant’s culpability had been high, due to his failure to engage with the planning process, his refusal to comply with court orders, and his evasive and untruthful response to committal proceedings. There had been a significant harm or risk of harm due to the defendant’s breaches. Despite the presence of several mitigating