On Tuesday 16 November 2021, the Divisional Court heard a committal application by National Highways Limited against nine ‘Insulate Britain’ protestors following breach of an injunction granted by Lavender J on Tuesday 21 September 2021. The injunction was made in proceedings related to National Highways’ claim for possession, trespass and nuisance, and injunctive relief restraining entry onto the M25 motorway.
The application was brought against the nine defendants following their involvement in an ‘Insulate Britain’ protest on 8 October 2021 in which they took part in a road-block protest on the Waltham Cross Interchange roundabout at Junction 25 of the M25 Motorway.
The Divisional Court heard from National Highways and the nine defendants, all of whom admitted breach of the injunction. The Court was satisfied that that the evidence presented by National Highways established to the criminal standard that:
- each of the defendants did acts prohibited by the injunction, having received notice of it;
- each of the defendants intended to do the relevant acts;
- each of the defendants had knowledge of the facts which would make carrying out the relevant acts a breach of the injunction.
Given this, the Court found all nine defendants in contempt of court.
The Court held that the fact that the defendants were engaged in a protest had no relevance to liability:
Cuciurean v Secretary of State for Transport [2021] EWCA 357. In relation to sanction, the court considered the application of the principles set out in
Cuadrilla Bowland-Lawrie v Persons Unknown [2020] EWCA Civ 9 and in the first instance decision in
Cuciurean (sentence) [2020] EWHC 2723 at [10] – [12], and had regard to the extent of harm, the level of culpability and to the fact that the protest involved civil disobedience on conscientious grounds in accordance with
R v Jones (Margaret) [2007] AC 136 at [89].
On Wednesday 16
th November 2021, the Court handed down judgement. Having considered the defendants’ submissions, the fact their contempt arose in the context of protests and the circumstances of each defendant individually, the Court sanctioned all nine defendants to immediate prison terms which ranged from six months to three months. In accordance with the law, each defendant will be entitled to release after serving half of that term.
The Court reserved judgement as to costs.
Myriam Stacey Q.C. and
Joel Semakula appeared for National Highways Limited.
David Elvin Q.C.,
Myriam Stacey Q.C. and
Joel Semakula all act for National Highways Limited in the ongoing proceedings.
