Circle 33 Housing Trust Ltd v Kathirkmanathan

Circle 33 Housing Trust Ltd v Kathirkmanathan

The judge misdirected himself as to the effect of the undertaking, which did not cover permitting or allowing others to cause nuisance, and there was no finding or evidence of personal breach by the appellant. The committal order could not stand.

Parties
Respondent/appellant: Circle 33 Housing Trust Ltd; Appellant/respondent: Kathirkmanathan
Jurisdiction
England and Wales
Judgment Date
16 July 2009
Procedural Posture
Civil Appeal / Appeal From Committal Order
Outcome
Appeal allowed
Legal Topics
Interpretation of Undertakings, Contempt of Court, Committal for Breach of Undertaking
Landlord and Tenant Civil Procedure Interpretation of Undertakings Contempt of Court Committal for Breach of Undertaking

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 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Circle 33 Housing Trust Ltd

Respondent/appellant

Kathirkmanathan

Appellant/respondent

Procedural Posture

Civil Appeal / Appeal From Committal Order

Legal Issues

  1. 1 Proper construction of the undertaking given by the appellant
  2. 2 Whether there was evidence of personal breach by the appellant
  3. 3 Appropriateness of the sentence imposed

Ratio Decidendi

The judge misdirected himself as to the effect of the undertaking, which did not cover permitting or allowing others to cause nuisance, and there was no finding or evidence of personal breach by the appellant. The committal order could not stand.

Court Disposition

Appeal allowed

Orders

  • Committal order discharged