BL-2021-002235 - [2025] EWHC 2367 (Ch)

Now, the starting point in the Sentencing Council guidelines for B2 cases of breach of a restraining order is 12 weeks’ imprisonment. Are there any aggravating factors? I take account of the fact that the respondent acted deliberately to make the statements he did, and did not do so accidentally or under pressure from third parties to do so. He did what he did entirely in his own interests, and in order to cause damage to the applicant in the contempt application.

His statements to third parties show that he was aware that he was doing something which the order was designed to prohibit. I am struck by the clear difference between the tone and language used by the respondent in writing to Sir Nicholas Land (of the Private Equity Reporting Group) and in writing to officers of the applicant and other third parties. There has been no apology for the breaches, or any attempt to undertake not to repeat them in future. Are there any mitigating factors? The respondent has purported to “purge” his contempt, but, as I have already said, ineffectually. In my view there are none.