Warwick Corporation v Russell
Jurisdiction | England & Wales |
Date | 1964 |
Court | Chancery Division |
Contempt of Court - Committal order - Ex parte motion - Injunction - Motion to commit for breach - Circumstances in which court should order committal on ex parte application.
The respondent broke into land belonging to the Warwick Corporation on April 5, 1964, and set up tents intending to give circus performances thereon on April 6 and 7. On April 6 Nield J., in the vacation court, granted the corporation an injunction restraining the respondent from remaining on their land and from carrying on the business of a circus on it. The injunction was fully brought to the notice of the respondent on the same day and he was warned that if he disobeyed the injunction he ran the risk of being committed to prison for contempt of court. In the evening of April 6 he held a performance of his circus on the corporation land. He refused to give the corporation an assurance that he would not hold a further performance on it and it appeared that he intended to do so. On April 7, the respondent was formally served with a copy of the injunction, and on the same day the corporation moved ex parte for a committal order:—
Held, that although an order for committal normally would not be made ex parte, the court had jurisdiction to make such an order if the circumstances warranted it; and that having regard to the circumstances, the gravity of the breach, and the fact that unless the respondent were now checked he would achieve his object, this was a proper case in which to make the order.
MOTION EX PARTE.
In November, 1964, the Warwick Corporation granted a lease to the respondent, Joe Russell, otherwise William Mack, of certain land for the purpose of mounting circus performances there on April 27 and 28, 1964. The corporation subsequently let other land to another circus proprietor to enable him to give performances on that other land on April 8 and 9. The respondent took exception to that and advanced the date of his two performances which he intended to give, and during the week preceding the hearing of the motion he advertised in Warwick that the performances would take place on April 6 and 7. The corporation protested by letter and telegram but received no reply from the respondent apart from one letter, dated April 5, in which he complained of a breach of the contract with him. On April 5 the respondent broke into the corporation's land and brought in vehicles and...
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