Cheltenham Borough Council v Nield [2015] EW Misc B32 (CC) (10 July 2015)

Cheltenham Borough Council v Nield [2015] EW Misc B32 (CC) (10 July 2015)

The defendant admitted six breaches of the injunction. The court found exceptional circumstances—no further breaches since April and genuine remorse—justifying a three-month custodial sentence suspended for one year, conditional on compliance with the injunction.

Citation
[2015] EW Misc B32 (CC)
Parties
Claimant: Cheltenham Borough Council; Defendant: Mr Nield
Jurisdiction
England and Wales
Judgment Date
10 July 2015
Procedural Posture
Injunction Enforcement / Committal Proceedings / Sentencing / Final Order
Outcome
Three-month custodial sentence (91 days) suspended for one year; injunction extended for one year; costs of £485 awarded to claimant, to be added to defendant's rent account.
Legal Topics
Injunction Breach, Contempt of Court, Noise Nuisance, Costs
Civil Procedure Housing Law Injunction Breach Contempt of Court Noise Nuisance Costs

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Parties

Cheltenham Borough Council

Claimant

Mr Nield

Defendant

Procedural Posture

Injunction Enforcement / Committal Proceedings / Sentencing / Final Order

Legal Issues

  1. 1 Whether the defendant breached the terms of the injunction
  2. 2 Appropriate sanction for breach of injunction
  3. 3 Whether exceptional circumstances justify a suspended sentence

Ratio Decidendi

The defendant admitted six breaches of the injunction. The court found exceptional circumstances—no further breaches since April and genuine remorse—justifying a three-month custodial sentence suspended for one year, conditional on compliance with the injunction.

Court Disposition

Three-month custodial sentence (91 days) suspended for one year; injunction extended for one year; costs of £485 awarded to claimant, to be added to defendant's rent account.

Orders

  • Custodial sentence of 13 weeks (91 days) suspended for one year on compliance with injunction dated 15 July 2014.
  • Injunction extended to 15 July 2016.