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

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 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.

  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 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.