Ashford Borough Council & Anor v Fergus Wilson
| Court | King's Bench Division |
| Judge | His Honour Judge Antony Dunne |
| Neutral Citation | [2024] EWHC 781 (KB) |
| Date | 10 April 2024 |
| Year | 2024 |
| Counsel | Adam Solomon Kc,Samuel Davis,Defendant |
Neutral Citation Number: [2024] EWHC 781 (KB)
Case No: QB-2020-002526
IN THE HIGH COURT OF JUSTICE
KING’S BENCH DIVISION
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 10 th
April 2024
Before :
His Honour Judge Antony Dunne
(sitting as a Judge of the High Court)
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Between :
(1) ASHFORD BOROUGH COUNCIL
(for and on behalf of itself, its current and former
officers, employees, councillors and agents)
(2) MRS TRACEY KERLY
(for and on behalf of all of the current and former
officers, employees, councillors and agents of the
First Claimant (Pursuant to CPR 19.6))
Claimants
- and -
MR FERGUS WILSON Defendant
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Adam Solomon KC and Samuel Davis (instructed by Ashford Borough Council Legal
Services) for the Claimants
The Defendant appeared in person
Hearing date: 12th March 2024
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Approved Judgment
His Honour Judge Antony Dunne
Approved Judgment
ABC & Kerly v Wilson
His Honour Judge Antony Dunne (sitting as a Judge of the High Court):
Introduction
1. On 12th February 2024 the Claimants made an application to commit the Defendant
for contempt of court. They allege that the Defendant has, on 44 occasions, breached
a final injunction order imposed on the Defendant on 22nd September 2021. These
allegations are contained within the Claimants’ schedule of breaches of injunction.
2. On 12th March 2024 I conducted a trial to determine whether the Defendant had
breached the injunction order and was therefore in contempt of court. This judgment
contains my written findings as required by CPR 81.4.
The parties
3. The First Claimant is Ashford Borough Council (hereafter “ABC”). ABC is a local
authority in Kent responsible for the borough of Ashford. The second Claimant is Mrs
Tracey Kerly who is ABC’s Chief Executive. The Claimants act on behalf of the
current and former employees, officers, councillors, and agents of ABC.
4. The Defendant is Mr Fergus Wilson who was described in the injunction proceedings
as a large scale landlord in Kent.
The Injunction
5. On 22nd September 2021, on the application of the Claimants, a final injunction order
was made by Daryl Allen KC sitting as a Deputy High Court Judge.
6. The terms of the injunction are as follows:
“3. The Defendant is restrained from pursuing a course of
conduct which amounts to harassment of the Protected Persons
within the meaning of the Act.
AND
4. In particular, the Defendant be restrained from doing,
causing, permitting, encouraging or assisting any of the
following:
4.1 Threatening, intimidating or otherwise interfering with any
Protected Person;
4.2 Posting on social media or the internet about Protected
Persons or which is intended to cause alarm, fear or distress;
4.3 Knowingly making:
4.3.1 any communication to any Protected Person whether
orally, by telephone, in writing, by facsimile, by email or other
electronic means, which shall include for the avoidance of
His Honour Judge Antony Dunne
Approved Judgment
ABC & Kerly v Wilson
doubt any emails, texts, letters, communication through social
media or telephone calls to a Protected Person(s); or
4.3.2 any communication whatsoever to any Protected Person
at their private home, or on their private telephones, email
addresses or social networking sites.
4.4 Compelling or coercing any Protected Person against his
will from doing something he is under no obligation to do or
not do something he is entitled to or required to do.
5. This order shall continue indefinitely as a final injunction
unless revoked or varied by a Judge of the High Court.
SAVE THAT nothing in this Order shall prevent the Defendant
from communicating with the First Claimant in writing, and in
a manner which does not harass the Protected Persons, with Mr
Terrence Mortimer of the First Claimant (or any other person
designated in writing by the First Claimant to the Defendant as
a replacement for Mr Mortimer in this role) by post to Civic
Centre Tannery Lane, Ashford TN23 1PL or by email to
terry.mortimer@ashford.gov.uk (or to any other address or
email address designated in writing by the First Claimant to the
Defendant as a replacement for those given here).
AND SAVE THAT nothing in this Order shall prevent the
Defendant from communicating with the First Claimant in
respect of this litigation, in writing, and in a manner which does
not harass the Protected Persons, with Mr Terrence Mortimer of
the First Claimant (or any other person designated in writing by
the First Claimant to the Defendant as a replacement for Mr
Mortimer in this role) by post to Civic Centre Tannery Lane,
Ashford TN23 1PL or by email to
terry.mortimer@ashford.gov.uk (or to any other address or
email address designated in writing by the First Claimant to the
Defendant as a replacement for those given here).
AND SAVE THAT nothing in this order shall prevent the
Defendant from communicating with a former councillor in a
non-harassing manner if the Defendant does not know and
cannot reasonably be expected to know that they are a former
councillor of the First Claimant.”
“Protected Persons” are defined in the injunction order at
paragraph 2.4 as:
“2.4 “Protected Persons” shall mean:
2.4.1 the Second Claimant;
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