header-logo header-logo

29 April 2022
Issue: 7976 / Categories: Case law , In Court , Law digest
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
back-to-top-scroll