Source: All England Reporter
Publisher Citation: [2002] All ER (D) 88 (Oct)
Court: Queen's Bench Division
Judge:

Gray J

Representation Gary Blaker (instructed by Christine Dooley) for the authority.
  Christopher Jacobs (instructed by White Ryland) for the defendant.
Judgment Dates: 8 October 2002

Catchwords

Contempt - Committal - Application to commit - Injunction preventing defendant from acting in breach of planning control - Planning authority taking view defendant acting in breach of terms of injunction - Authority making application to commit - Defendant denying acting in breach - Whether defendant to be committed.

The Case

On an application to commit for breach of an injunction preventing the defendant, and others, from acting in breach of planning control, the court ruled that on the evidence, the claimant authority had failed to establish to the criminal standard of proof that the defendant had acted in breach, and accordingly dismissed the application.

Practice Areas

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