Plus Dane Housing v Kimmince & Molloy

The defendant has persistently and deliberately breached court injunctions despite repeated opportunities to comply and obtain legal representation. The custody threshold is met. A suspended sentence is appropriate as a final opportunity to secure compliance, with immediate committal if breaches continue.

Parties: Claimant: Plus Dane Housing; Defendant: Kimmince & Molloy
Jurisdiction: England and Wales
Judgment Date: 09 November 2024
Procedural Posture: Civil Committal/sentencing for Contempt / Sentencing Judgment
Outcome: Suspended committal order for contempt granted; application to adjourn refused.
Legal Topics: Breach of Injunction, Committal Proceedings, Suspended Sentence, Noise Nuisance, Anti Social Behaviour

Civil Procedure Housing Law Contempt of Court Breach of Injunction Committal Proceedings Suspended Sentence Noise Nuisance Anti Social Behaviour

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Parties

Plus Dane Housing

Claimant

Kimmince & Molloy

Defendant

Procedural Posture

Civil Committal/sentencing for Contempt / Sentencing Judgment

Legal Issues

1 Whether the defendant should be sentenced for breach of injunctions
2 Whether further adjournment for legal representation is justified
3 Appropriate penalty for persistent breaches of court orders

Ratio Decidendi

Court Disposition

Suspended committal order for contempt granted; application to adjourn refused.

Orders

28 days' imprisonment for each dog-related breach, suspended for two years on condition all dogs are removed from property by 5 July 2024 and compliance with injunction terms.
7 days' imprisonment for each noise nuisance breach, suspended on compliance with injunction.