Committal for Contempt of Court: Gilert v Wilkinson (Formerly Swift & Brelsford)

County CourtCommittal for Contempt of Court

The County Court at Sheffield

15 March 2024

Before:

His Honour Judge Robinson

Between:

Gilert v Wilkinson (Formerly Swift & Brelsford)

Gilert v Wilkinson (Formerly Swift & Brelsford)

Before His Honour Judge Robinson sitting at the County Court at Sheffield, The Law Courts, 50 West Bar, Sheffield S3 8PH on 15 March 2024

Order on determination of proceedings for contempt of court (CPR 81.9(1)

Representation

  1. The Claimant appeared in person.
  2. Mr Holsgrove (Barrister) appeared for the Defendant for that part of the hearing which took place between 5 to 7 September 2023.  Thereafter the Defendant elected to continue in person.

Recitals

  1. On 9 September 2021 the Court determined that the Defendant is in contempt of court in the manner stated in court’s judgment delivered orally on 9 September 2021 by breaching certain terms of an undertaking given to the court on 20 May 2021.
  2. The relevant terms of the undertaking are that the Defendant would not:
    (4) Use abusive … language directed at the [Claimant];
    (5) … harass …the [Claimant].
  3. The court found that:
    (1) On 5 June 2021 the Defendant shouted “Martina can fuck off” when the Defendant was in her garden, when she knew that the Claimant was in her home, and the words were shouted at such a volume that the Defendant intended that the Claimant should hear them and that the Claimant did in fact hear them.  This constitutes a breach of paragraph (4) of the undertaking.
    (2) On 13 June 2021 the Defendant deliberately threw from her garden into the garden of the Claimant items such as footballs and children’s toys.  This constitutes a breach of para (5) of the undertaking.
  4. By order dated 9 September 2021 the court adjourned consideration of the appropriate penalty to a date to be fixed in January 2022.
  5. Such consideration was further adjourned pending the outcome of two further committal applications.
  6. The two further committal applications were issued by the claimant on 26 November 2021 and 8 September 2022.  The substantive hearing of those applications took place on 5 to 7 September 2023 and 11 to 15 March 2024.
  7. The court read the evidence filed by the parties and heard oral evidence at the hearing.

IT IS ORDERED AND DECLARED THAT

  1. The court is satisfied that the matters required by CPR 81.4(2) were contained in the two further applications.
  2. The court is satisfied beyond reasonable doubt that the defendant is guilty of contempt of court in the manner stated in the court’s judgment delivered orally on 15 March 2024, in that the defendant has breached the injunction order made on 9 September 2021 in the following respects:
    (1) On 18 September 2021 the defendant threw clumps of mud into the claimant’s garden in breach of clauses 3 and 14 of the injunction.
    (2) On 28 March 2022 the defendant instructed Dean Wilkinson to report to the police something that was untrue namely that the claimant had driven her motor car at or towards a child of the defendant by shouting at a loud volume, such that she knew and intended that the claimant would hear, these words (or words to similar effect) “You report it for me Dean, get the police rung, get ‘em rung Dean, I’m going on my nail course Dean”.  This amounts to breaches of clauses 4, 14 and 15 of the injunction.
    (3) The defendant admitted at the commencement of the hearing on 5 September 2023 that on 13 June 2022 she had made a posting on Facebook.  The posting was in response to a report by the Sheffield Star newspaper which appeared beneath a photograph of the Sheffield Combined Court Centre: “Sheffield man who downloaded child abuse images involving babies walks away from court …”.  The defendant posted this message: “and then theres me whos in and out of there with the syco, and the judge belives her lies with absolutely no evidence, and threatens to send me to jail!”  This amounts to a breach of clauses 6 and 14 of the injunction.
    (4) On 13 June 2022 the Defendant threw a dog toy into the claimant’s garden.  This amounts to breaches of clauses 3 and 14 of the injunction.
  3. The Defendant be committed to prison for 8 months in respect of the breaches of undertakings given on 20 May 2021 and for the breaches of the injunction made on 9 September 2021.
  4. The committal of the defendant to prison under paragraph 3 above shall be suspended on the following terms namely that:
    (1) the defendant must not commit any further breach of the injunction made on 9 September 2021; and
    (2) in the event that any amendments are made to the injunction made on 9 September 2021, the defendant must not commit any breach of the amended order (or amended orders if more than one) from the moment that the relevant amended order is served upon the defendant.

NOTE – there is a separate order extending the time when the injunction order will last until 4.00pm on 15 March 2026.

5. The Defendant shall pay the claimant’s costs summarily assessed in the sum of £3250.
6. The defendant may apply under rule 81.10 of the Civil Procedure Rules 1988 to discharge this order.
7. The defendant has a right of appeal.  The Defendant may appeal to either the High Court or to the Court of Appeal.  The addresses are:

High Court:
The High Court Appeals Centre
1 Oxford Row
Leeds LS1 3BG

Court of Appeal:
Civil Appeals Office
Royal Courts of Justice
Strand
London WC2A 2LL

8. The Appellant’s Notice must be filed at the Appeal Court by 4.00pm on Friday 5 April 2024.
9. A transcript of the judgment given at this hearing will be published on the website of the judiciary of England and Wales.