Cuciurean v The Secretary of State for Transport and Another: CA 16 Mar 2021

Appeal against findings of contempt of court by breach of an injunction prohibiting trespass on land, and against the sanctions imposed. The breaches were committed as part of a protest against the construction of the HS2 railway line.
Held: Applications to commit for contempt of court in protest cases engage the rights to freedom of expression and freedom of peaceful assembly protected under Articles 10 and 11 of the European Convention on Human Rights. However, where the court has already conducted the necessary balancing process and granted an injunction, that order must be obeyed unless and until it has been set aside.

Lord Justice Warby
[2021] EWCA Civ 357
England and Wales
Appeal fromSecretary of State for Transport and Another v Cuciurean ChD 16-Oct-2020
Sentencing after finding of contempt.
Held: It is not only the applicant but the court – and, we would add, the public – which has an interest in deterring disobedience to its orders and in upholding the rule of law. . .

Cited by:
CitedNational Highways Ltd v Heyatawin and Others QBD 17-Nov-2021
The court considered allegations of contempt of court by protesters disobeying court injunctions.
Held: The allegations were variously proved, and indeed were largely uncontested. Sentences of imprisonment were imposed ranging up to 6 months: . .

Lists of cited by and citing cases may be incomplete.

Contempt of Court

Updated: 22 November 2021; Ref: scu.659567