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England and Wales High Court (King's Bench Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (King's Bench Division) Decisions >> Hijazi v Yaxley-Lennon [2024] EWHC 1991 (KB) (30 July 2024) URL: http://www.bailii.org/ew/cases/EWHC/KB/2024/1991.html Cite as: [2024] EWHC 1991 (KB) |
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KING'S BENCH DIVISION
MEDIA AND COMMUNICATIONS LIST
Strand, London, WC2A 2LL |
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B e f o r e :
____________________
JAMAL HIJAZI |
Claimant |
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- and - |
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STEPHEN YAXLEY-LENNON (AKA TOMMY ROBINSON) |
Defendant |
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-and- |
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HM SOLICITOR GENERAL |
Applicant |
____________________
Hearing date: 29 July 2024
____________________
Crown Copyright ©
Mr Justice Johnson:
(1) Mr Yaxley-Lennon was personally served with the contempt application.
(2) There was no good reason for Mr Yaxley-Lennon's absence from the hearing.
(3) It was appropriate to proceed with the hearing in Mr Yaxley-Lennon's absence.
(4) An order for substituted service should be made.
(5) The Solicitor General does not require permission to make the contempt application.
(6) A warrant should be issued for the arrest of Mr Yaxley-Lennon to secure his attendance at the substantive hearing of the contempt application.
The background
Was Mr Yaxley-Lennon personally served with the contempt application?
Is there a good reason for Mr Yaxley-Lennon not attending the hearing?
Should the court proceed in Mr Yaxley-Lennon's absence?
Should the court make an order for substituted service?
Does the Solicitor General require permission to make the contempt application?
"Permission to make a contempt application is required where the application is made in relation to-
(a) an interference with the due administration of justice, except in relation to existing High Court or county court proceedings
…"
Should I issue a warrant for Mr Yaxley-Lennon's arrest?
"The court may issue a bench warrant to secure the attendance of the defendant at a directions hearing or at the substantive hearing."
What directions should be made?
Outcome