Peabody Trust v Belonje [2006] EWCA Civ 1518 (30 June 2006)

Peabody Trust v Belonje [2006] EWCA Civ 1518 (30 June 2006)

It was plainly wrong for the judge to refuse bail and remand the defendant in custody solely on the basis of the importance of injunctions and a prior arrest, without properly considering the necessity of custody or the likelihood of further nuisance. Bail should be granted pending the hearing.

Citation
[2006] EWCA Civ 1518
Parties
Claimant/respondent: The Governors of the Peabody Trust; Defendant/appellant: Belonje
Jurisdiction
England and Wales
Judgment Date
30 June 2006
Procedural Posture
Civil Appeal / Appeal From Order of Remand in Custody Pending Hearing
Outcome
appeal allowed
Legal Topics
Injunctions, Remand in Custody, Bail, Breach of Injunction, Powers of Arrest
Housing Law Civil Procedure Injunctions Remand in Custody Bail Breach of Injunction Powers of Arrest

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Parties

The Governors of the Peabody Trust

Claimant/respondent

Belonje

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Order of Remand in Custody Pending Hearing

Legal Issues

  1. 1 Whether the judge erred in refusing bail and remanding the defendant in custody pending hearing of alleged breach of injunction

Ratio Decidendi

It was plainly wrong for the judge to refuse bail and remand the defendant in custody solely on the basis of the importance of injunctions and a prior arrest, without properly considering the necessity of custody or the likelihood of further nuisance. Bail should be granted pending the hearing.

Court Disposition

appeal allowed

Orders

  • defendant granted bail pending hearing
  • respondent to alert police and neighbours of the holding nature of the order