Accent Foundation Ltd. v Lee

Accent Foundation Ltd. v Lee

The mother and sister could not waive the breaches of the antisocial behaviour injunction because the order was obtained by Accent Foundation Limited for the benefit of multiple parties, including neighbours, and only the party who obtained the order could seek to enforce or waive it. The District Judge and HHJ Belcher were correct to find breaches and impose custodial sentences. However, the orders for imprisonment should have been for 28 days, not one calendar month.

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
Outcome
Appeal dismissed in part
Legal Topics
Antisocial Behaviour Injunctions, Contempt of Court, Waiver of Injunctions, Enforcement of Court Orders
Housing Law Civil Procedure Antisocial Behaviour Injunctions Contempt of Court Waiver of Injunctions Enforcement of Court Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Accent Foundation Limited

Claimant/respondent

Lee

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Orders of HHJ Belcher and District Judge Edwards

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 the premises
  2. 2 Whether the court should have imposed an immediate custodial sentence for the breach given the invitation by the beneficiaries
  3. 3 Whether the orders for imprisonment should have been for 28 days or one calendar month

Ratio Decidendi

The mother and sister could not waive the breaches of the antisocial behaviour injunction because the order was obtained by Accent Foundation Limited for the benefit of multiple parties, including neighbours, and only the party who obtained the order could seek to enforce or waive it. The District Judge and HHJ Belcher were correct to find breaches and impose custodial sentences. However, the orders for imprisonment should have been for 28 days, not one calendar month.

Court Disposition

Appeal dismissed in part

Orders

  • Orders for imprisonment varied to 28 days each instead of one calendar month
  • Appeal otherwise dismissed