Accent Foundation Ltd. v Lee [2007] EWCA Civ 665 (14 June 2007)

Accent Foundation Ltd. v Lee [2007] EWCA Civ 665 (14 June 2007)

The mother and sister could not waive breaches of the antisocial behaviour injunction because the order was obtained by the landlord for the benefit of multiple persons, including neighbours, and in exercise of its management functions. The court alone has the power to vary or discharge such orders. The District Judge and HHJ Belcher were correct to reject the waiver argument and to impose custodial sentences for repeated breaches. However, the sentencing orders should have specified 28 days' imprisonment rather than one calendar month.

Citation
[2007] EWCA Civ 665
Parties
Claimant/respondent: Accent Foundation Limited; Defendant/appellant: Lee
Jurisdiction
England and Wales
Judgment Date
14 June 2007
Procedural Posture
Civil Appeal / Appeal From Orders of HHJ Belcher and District Judge Edwards in Bradford County Court
Outcome
Appeal dismissed in part
Legal Topics
Antisocial Behaviour Injunctions, Waiver of Contempt, Enforcement of Injunctions, Sentencing for Breach of Injunction
Housing Law Civil Procedure Contempt of Court Antisocial Behaviour Injunctions Waiver of Contempt Enforcement of Injunctions Sentencing for Breach of Injunction

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Parties

Accent Foundation Limited

Claimant/respondent

Lee

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Orders of HHJ Belcher and District Judge Edwards in Bradford County Court

Legal Issues

  1. 1 Whether a person for whose benefit an antisocial behaviour injunction was obtained can waive the effect of a breach by inviting the subject of the order onto their premises
  2. 2 Whether the court should have imposed immediate custodial sentences for breaches where the invitation was given by the beneficiaries of the injunction
  3. 3 Whether the sentencing orders were correct in law

Ratio Decidendi

The mother and sister could not waive breaches of the antisocial behaviour injunction because the order was obtained by the landlord for the benefit of multiple persons, including neighbours, and in exercise of its management functions. The court alone has the power to vary or discharge such orders. The District Judge and HHJ Belcher were correct to reject the waiver argument and to impose custodial sentences for repeated breaches. However, the sentencing orders should have specified 28 days' imprisonment rather than one calendar month.

Court Disposition

Appeal dismissed in part

Orders

  • Appeal dismissed on all grounds except that the sentencing orders are varied to specify 28 days' imprisonment rather than one calendar month.