Sovereign Housing Association Limited v Troy Munroe
- Status
- Judgment
- Jurisdiction
- England and Wales
- Posture
- Civil / Sentencing
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The defendant was found beyond reasonable doubt to have breached the injunction order by creating noise nuisance on specified dates, constituting contempt of court.
Court disposition
Defendant sentenced to 12 weeks custody suspended for 12 months for contempt of court.
Orders
- Custodial sentence of 12 weeks suspended for 12 months imposed on the defendant
02
Material facts
Parties
Sovereign Housing Association Limited
ClaimantTroy Munroe
DefendantAmounts and remedies
- Custodial Sentence (weeks): 12
- Suspension Period (months): 12
03
Procedural history
Posture
Civil / Sentencing
04
Questions and positions
Legal issues
- 01
Whether the defendant breached the injunction order dated 8 January 2024
- 02
Whether the defendant is in contempt of court
Party arguments
- Applicant
- The defendant breached the injunction order by playing music, shouting, swearing, and creating noise nuisance audible outside the premises on multiple dates.
- Respondent
- The defendant did not attend the hearing and no argument was presented.
05
Court’s reasoning
Legal principles
- 01
Civil Procedure Rules and common law principles on contempt
A person who breaches a court injunction is liable for contempt of court.
- 02
Civil Procedure Rules
Personal service of court orders and notice of hearing satisfies the requirement for knowledge of proceedings.
06
Ratio, limits and disposition
Ratio decidendi
The defendant was found beyond reasonable doubt to have breached the injunction order by creating noise nuisance on specified dates, constituting contempt of court.
Court disposition
Defendant sentenced to 12 weeks custody suspended for 12 months for contempt of court.
- Custodial sentence of 12 weeks suspended for 12 months imposed on the defendant
Source and reliance status
Official court record
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Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
Claim Number: K00BA332 Neutral Citation Number: [2024] EWCC 9 In the County Court at Bath Sovereign Housing Association Limited (Claimant) 12 September 2024 -v- Troy Munroe (Defendant) Before: District Judge Byass On 12 September 2024, District Judge Byass sitting in the County Court at Bath as a District Judge of the County Court, sentenced the Defendant TROY MUNROE in his absence, to a custodial sentence of 12 weeks suspended for 12 months for contempt of court on breach of an Injunction Order dated 8 January 2024. The Court was satisfied that the Defendant TROY MUNROE was aware of the hearing in that he had been personally served with the Court’s Order dated 24 July 2024 and a Notice of Hearing listing the matter for sentence today, and had been present in Court on 24 July 2024 when the hearing date was set. The basis of the sentence imposed is that TROY MUNROE was found on 22 May 2024 beyond all reasonable doubt to be in breach of an Injunction dated 8 January 2024, by: 1. On 14 January 2024; 15 January 2024; 16 January 2024; 3 February 2024 at 13.04 hours; 6 February 2024 at 13.04 hours; 15 February 2024 at 08.44 hours; 8 March 2024 at 22.53 hours; 9 March 2024 at 00.01 hours; 10 March 2024 at 07.25 hours; 3 April 2024 at 22.41 hours; and 6 April 2024 at 00.12 hours of playing music; and/or shouting swearing and/or creating noise nuisance which is audible outside of 34 Towpath Road, Hilperton, Trowbridge BA14 7QD including shouting and swearing at his neighbours. The above breaches were contrary to the terms of the Injunction Order dated 8 January 2024 to which the Defendant TROY MUNROE was subject. District Judge Byass 12 September 2024
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