United Welsh Housing Association v James [2016] EW Misc B21 (CC) (12 August 2016)

United Welsh Housing Association v James [2016] EW Misc B21 (CC) (12 August 2016)

The defendant was served with the injunction order and breached it by attending the prohibited premises. Although the breach was rapid and could justify imprisonment, the court suspended the sentence on condition of compliance with the amended order, considering the defendant's explanation and conduct.

Citation
[2016] EW Misc B21 (CC)
Parties
Claimant: Claimant Housing Association; Defendant: Selina James
Jurisdiction
England and Wales
Judgment Date
12 August 2016
Procedural Posture
Injunction/contempt Proceedings / Hearing on Breach of Injunction and Sentencing
Outcome
Defendant found in contempt for breach of injunction; seven days imprisonment imposed, suspended on condition of compliance with amended order.
Legal Topics
Injunctions, Contempt of Court, Antisocial Behaviour Orders, Modification of Court Orders
Civil Procedure Housing Law Antisocial Behaviour Injunctions Contempt of Court Antisocial Behaviour Orders Modification of Court Orders

Case Brief

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Parties

Claimant Housing Association

Claimant

Selina James

Defendant

Procedural Posture

Injunction/contempt Proceedings / Hearing on Breach of Injunction and Sentencing

Legal Issues

  1. 1 Whether the defendant breached the injunction order
  2. 2 Whether the breach justifies a custodial sentence
  3. 3 Whether the original injunction order should be amended

Ratio Decidendi

The defendant was served with the injunction order and breached it by attending the prohibited premises. Although the breach was rapid and could justify imprisonment, the court suspended the sentence on condition of compliance with the amended order, considering the defendant's explanation and conduct.

Court Disposition

Defendant found in contempt for breach of injunction; seven days imprisonment imposed, suspended on condition of compliance with amended order.

Orders

  • Amended injunction order to allow contact with claimant's officers for tenancy or premises issues.
  • Suspended sentence of seven days imprisonment until 26th June 2018 or further order.