Thrive Homes Ltd v Tibble [2025] EWCC 19 (11 April 2025)

Thrive Homes Ltd v Tibble [2025] EWCC 19 (11 April 2025)

The defendant was properly served with the injunction and contempt application, failed to comply with the order by not allowing access, and failed to attend court despite notice. Contempt is proved to the criminal standard. Sentencing is adjourned to allow the defendant a further opportunity to attend and to consider any mitigation.

Citation
[2025] EWCC 19
Parties
Claimant: Thrive Homes Limited; Defendant: David Tibble
Jurisdiction
England and Wales
Judgment Date
11 April 2025
Procedural Posture
Injunction/committal for Contempt of Court / Post Finding of Contempt, Pre Sentencing (adjourned for Sentencing Hearing)
Outcome
Contempt found proved; sentencing adjourned; ultimately, no separate punishment imposed due to mitigation and vulnerability.
Legal Topics
Injunctions, Contempt of Court, Service of Process, Access for Safety Inspection
Civil Procedure Housing Law Injunctions Contempt of Court Service of Process Access for Safety Inspection

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Parties

Thrive Homes Limited

Claimant

David Tibble

Defendant

Procedural Posture

Injunction/committal for Contempt of Court / Post Finding of Contempt, Pre Sentencing (adjourned for Sentencing Hearing)

Legal Issues

  1. 1 Whether the defendant was properly served with the injunction and contempt application
  2. 2 Whether the defendant breached the injunction by failing to allow access
  3. 3 Whether contempt of court is established to the criminal standard

Ratio Decidendi

The defendant was properly served with the injunction and contempt application, failed to comply with the order by not allowing access, and failed to attend court despite notice. Contempt is proved to the criminal standard. Sentencing is adjourned to allow the defendant a further opportunity to attend and to consider any mitigation.

Court Disposition

Contempt found proved; sentencing adjourned; ultimately, no separate punishment imposed due to mitigation and vulnerability.

Orders

  • Sentencing hearing to be listed on notice to the defendant for 8 May 2025 at 10:00 a.m.
  • Documentation to be served by letter-box and email with at least 14 days' notice.