During the course of a trial (Nov 2023) in which the claimant sought an injunction to enforce a term of a multi-party settlement agreement arising out of alleged sexual misconduct by the defendant, the defendant settled by giving an undertaking to the court not to make derogatory comments about various entities and people. The defendant subsequently made various comments in emails and hyperlinked documents, and the claimant made a contempt application.
Following a 2-day trial in July 2024 of 16 sample contempts, on 6 September Mr Justice Cotter held the defendant to be in contempt of court for making derogatory comments in breach of his undertaking. That judgment [2024] EWHC 2298 (KB) is available here. On 1 November 2024 the defendant was sentenced to 14 days in prison, suspended for 12 months.
The defendant appealed the findings of contempt on the grounds that it violated his Article 10 right of freedom of expression, that the application was an abuse of process because it was brought for an improper collateral purpose, and because mens rea (for some contempts) had not been proved to the criminal standard. The defendant also appealed the sanction as being “manifestly excessive”.
The Court of Appeal today handed down judgment dismissing the defendant’s appeal on all grounds, and warning that any future breach is likely to result in immediate custody for a period of months if not years. That judgment [2025] EWCA Civ 644 is available here.
Jeremy Reed KC acted for the claimant/applicant at the trial, at first instance on the committal application, and on appeal.