Clarion Housing Association Riley & Anor [2020] EW Misc 26 (CC) (29 October 2020)

Persistent, wilful breaches of a court order without reasonable excuse justify immediate custodial sentences; suspended sentences may be activated for repeated contempt.

Citation: [2020] EW Misc 26 (CC)
Parties: Claimant: Clarion Housing Association; First Defendant: David Riley; Second Defendant: Michael Riley
Jurisdiction: England and Wales
Judgment Date: 29 October 2020
Procedural Posture: Contempt Proceedings / Sentencing
Outcome: immediate custodial sentence imposed; suspended sentence activated
Legal Topics: Antisocial Behaviour Injunction, Breach of Court Order, Contempt of Court, Sentencing

Civil Procedure Housing Law Antisocial Behaviour Injunction Breach of Court Order Contempt of Court Sentencing

Case Brief

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Parties

Clarion Housing Association

Claimant

David Riley

First Defendant

Michael Riley

Second Defendant

Procedural Posture

Contempt Proceedings / Sentencing

Legal Issues

1 Whether the defendant breached the antisocial behaviour injunction order
2 Appropriate sentence for repeated breaches of court order

Ratio Decidendi

Persistent, wilful breaches of a court order without reasonable excuse justify immediate custodial sentences; suspended sentences may be activated for repeated contempt.

Court Disposition

immediate custodial sentence imposed; suspended sentence activated

Orders

Twelve weeks imprisonment for breach on 2 October 2020
Twelve weeks imprisonment for breach on 7 March 2020