Case number: QB-2020-004209
In the High Court of Justice
Queen’s Bench Division
30 November 2021
His Honour Judge Lewis
Sitting as a Judge of the High Court
On the 30 November 2021 this court committed BRIAN McGINLEY 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.
- 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 Brian McGinley had breached that order as follows:
- Between 11 May 2021 and 24 May 2021, in breach of paragraph 2(c) of the Injunction, D4 caused or allowed further groundworks to Plot 3: (i) the area of hardstanding on the plot was increased; (ii) a septic tank was placed on the plot; (iii) a mound of earth/hardcore and/or road scalpings was deposited on the plot.
- Between 24 May 2021 and 3 June 2021, in breach of paragraph 2(c) of the Injunction, D4 caused or allowed further groundworks to Plot 3: (i) additional road scalpings and/or hardcore were deposited to the plot and spread on the plot; (ii) the septic tank was installed and/or a service hatch was created; (iii) piles of road scalpings were brought onto and spread around the plot; (iv) installation of the septic tank was completed.
- As at 3 June 2021, in continuing breach of paragraph 1 of the Injunction D4 did not remove from Plot 3 the three touring caravans.
And imposed the following sentences for those breaches:
- Breach (a): 4 months
- Breach (b): 4 months, concurrent to breach (a)
- Breach (c): 2 months, consecutive
- Total: 6 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 eight months.
Accordingly, it was ordered that Brian McGinley 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.