Committal for Contempt of Court in open court in London: Cleary

King's Bench DivisionCommittal for Contempt of Court

Case number: QB-2020-004209

In the High Court of Justice
Queen’s Bench Division

 

30 November 2021

Before:

His Honour Judge Lewis

Sitting as a Judge of the High Court


On the 30 November 2021 this court committed THOMAS CLEARY to prison.

An injunction granted by Mr Justice Foxton on 8 December 2021 included the following terms:

“1. The defendants are required by 4pm on 14 December 2021 to remove from the land any static caravans, mobile home and touring caravans.

  1. The defendants be prohibited (whether by themselves, their servants or agents) from:
  • Bringing a caravan, a mobile home, or any other structure intended for or capable of habitation onto the land.
  • Erecting on the land any structure of building capable of or intended to be put to residential use.
  • Carrying out any works including but not limited to the laying of hard standing on the land
  • Allowing any persons to take up occupation of the land”

The court found on 12 November 2021 that Thomas Cleary had breached that order as follows:

  • Between 23 March 2021 and 19 April 2021, in breach of paragraph 2(a) of the Injunction D11 caused or allowed a touring caravan to be brought onto Plot 10.
  • Between 19 April 2021 and 11 May 2021, in breach of paragraph 2(c) of the Injunction, D11 caused or allowed a toilet block to be brought onto Plot 10.
  • Between 11 May 2021 and 24 May 2021, in breach of paragraph 2(c) of the Injunction, D11 allowed further works to be undertaken to Plot 10: (i) a septic tank was brought onto the plot; (ii) internal fencing was installed subdividing the plot.
  • Between 24 May 2021 and 3 June 2021, in breach of paragraph 2(c) of the Injunction, D11 caused or allowed further groundworks to be carried out to Plot 10: (i) the septic tank was installed; (ii) a soil pipe was laid; (iii) additional piles of road scalping were deposited.
  • As at 3 June 2021, in continuing breach of paragraph 1 or paragraph 2(a) of the Injunction, D11 had failed to remove all caravans from Plot 10 and/or had caused or allowed further caravans to be brought on to Plot 10.

And imposed the following sentences for those breaches:

  • Breach (a): 1 month
  • Breach (e): 1 month, concurrent to breach (a)
  • Breach (b): 4 months, consecutive
  • Breach (c): 2 months, concurrent to breach (b)
  • Breach (d): 3 months, consecutive
  • Total: 8 months

And in addition, the court activated the suspended sentence imposed by Mr Metzer QC (sitting as a Deputy High Court Judge) on 12 February 2021 of six months.

Accordingly, it was ordered that Thomas Cleary be committed for contempt to Her Majesty’s Prison at Pentonville for a total period of fourteen months or until lawfully discharged if sooner, and that a warrant of committal be issued forthwith.