Peabody Trust v Belonje

Peabody Trust v Belonje

It was plainly wrong to remand the defendant in custody solely because injunctions are important and this was her second arrest, without considering the likelihood of further nuisance or the untested nature of the allegations. Bail should be granted pending the hearing.

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 County Court Order Remanding Defendant 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 County Court Order Remanding Defendant in Custody Pending Hearing

Legal Issues

  1. 1 Whether the judge erred in remanding the defendant in custody pending hearing on untested allegations of breach of injunction
  2. 2 Whether bail should have been granted instead of custody

Ratio Decidendi

It was plainly wrong to remand the defendant in custody solely because injunctions are important and this was her second arrest, without considering the likelihood of further nuisance or the untested nature of the allegations. Bail should be granted pending the hearing.

Court Disposition

appeal allowed

Orders

  • defendant to be granted bail pending the hearing next Wednesday