Stafford Borough Council v Haynes & Ors [2003] EWCA Civ 159 (23 January 2003)

Stafford Borough Council v Haynes & Ors [2003] EWCA Civ 159 (23 January 2003)

It was plainly wrong for the judge to adjourn the committal applications indefinitely, as contempt proceedings should be determined swiftly and the applicant was entitled to a determination. The appeal is allowed and the case remitted for hearing.

Citation
[2003] EWCA Civ 159
Parties
Claimant/appellant: Stafford Borough Council; Defendants/respondents: Haynes and Others (Sandra Anderson, Gary Haynes, Benjamin Haynes)
Jurisdiction
England and Wales
Judgment Date
23 January 2003
Procedural Posture
Civil Appeal / Appeal From County Court Order on Committal Application
Outcome
Appeal allowed
Legal Topics
Anti Social Behaviour Injunctions, Committal for Contempt, Adjournment of Proceedings, Relationship Between Contempt and Criminal Proceedings
Housing Law Civil Procedure Contempt of Court Anti Social Behaviour Injunctions Committal for Contempt Adjournment of Proceedings Relationship Between Contempt and Criminal Proceedings

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Parties

Stafford Borough Council

Claimant/appellant

Haynes and Others (Sandra Anderson, Gary Haynes, Benjamin Haynes)

Defendants/respondents

Procedural Posture

Civil Appeal / Appeal From County Court Order on Committal Application

Legal Issues

  1. 1 Whether the County Court judge erred in adjourning committal applications indefinitely pending possible criminal proceedings and compliance with fresh injunctions
  2. 2 Whether process servers/housing officers are protected under section 152 of the Housing Act 1996
  3. 3 Whether contempt proceedings should be determined swiftly and not delayed indefinitely

Ratio Decidendi

It was plainly wrong for the judge to adjourn the committal applications indefinitely, as contempt proceedings should be determined swiftly and the applicant was entitled to a determination. The appeal is allowed and the case remitted for hearing.

Court Disposition

Appeal allowed

Orders

  • Case remitted to county court for hearing as soon as practicable
  • Respondents to pay Claimant's issue fee (£120) and application fee (£50 per claimant)