Circle 33 Housing Trust Ltd v Kathirkmanathan [2009] EWCA Civ 921 (16 July 2009)

Circle 33 Housing Trust Ltd v Kathirkmanathan [2009] EWCA Civ 921 (16 July 2009)

The judge misdirected himself by construing the undertaking to cover 'allowing' or 'permitting' conduct, which was not in its terms; there was no finding or evidence appellant personally breached the undertaking; appeal allowed and committal order discharged.

Citation
[2009] EWCA Civ 921
Parties
Respondent/appellant: Circle 33 Housing Trust Ltd; Appellant/respondent: Kathirkmanathan
Jurisdiction
England and Wales
Judgment Date
16 July 2009
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; committal order discharged.
Legal Topics
Undertakings, Committal for Breach, Noise Nuisance, Interpretation of Injunctions
Civil Housing Contempt of Court Undertakings Committal for Breach Noise Nuisance Interpretation of Injunctions

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 4
Sign in to unlock

Parties

Circle 33 Housing Trust Ltd

Respondent/appellant

Kathirkmanathan

Appellant/respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Proper construction of undertaking
  2. 2 Whether appellant personally breached undertaking
  3. 3 Appropriateness of sentence for contempt

Ratio Decidendi

The judge misdirected himself by construing the undertaking to cover 'allowing' or 'permitting' conduct, which was not in its terms; there was no finding or evidence appellant personally breached the undertaking; appeal allowed and committal order discharged.

Court Disposition

Appeal allowed; committal order discharged.

Orders

  • Committal order discharged
  • Appellant released from prison