Mossbank Homes Ltd v Reece [2015] EW Misc B34 (CC) (28 August 2015) [2015] EW Misc B34 (CC)
[1]DISTRICT JUDGE DIGNAN: The application before me today has been brought by Mossbank Homes Limited against Miss Julie Reece. They seek committal of Miss Reece for contempt of court. On 4 th February 2015, an injunction was made in this court against Miss Reece requiring her to refrain from doing a number of things. I am satisfied, having heard from Miss Burgess-Priest, solicitor for the applicant, and also having heard the admissions made by Miss Reece, that she has breached the injunction on the 18 occasions set out in the schedule.[2]Let me make it clear that the breaches complained of are appalling behaviour and would have been greatly distressing for your neighbours and, in particular, children where you live. Your behaviour is not acceptable. The nature of the breaches found against you make it inevitable that a prison sentence must be imposed but because this is your first set of breaches before the court I am able, just about, to say that the prison sentence should be suspended, which means that if you commit no further breaches between now and February 2017, that will be the end of the matter. If you commit any further breaches between now and February 2017, it is almost inevitable that you will go to prison for a significant period of time because the behaviour complained of against you is just not acceptable.[3]The sentence I impose, bearing in mind the nature of the breaches and the number of the breaches, is a sentence of imprisonment of 26 weeks and that is suspended. So if you come back to court and further breaches are proved, the minimum that will happen to you is you will go to prison for 26 weeks, so you will serve 13 weeks in prison at Styal, do you understand? MISS REECE: Right, yes, I understand. THE DISTRICT JUDGE: So it is a matter for you now. MISS REECE: To behave. THE DISTRICT JUDGE: Just one more breach and you are going to prison. MISS REECE: Right. THE DISTRICT JUDGE: Believe me when I say, if you come before the court the week before Christmas you are going to prison, by way of example. MISS BURGESS-PRIEST: May I clarify, sir, will that suspended sentence be until the end— THE DISTRICT JUDGE: It will. MISS BURGESS-PRIEST: —of the order in February 2017? THE DISTRICT JUDGE: It will, so I will draft the order now, we can get copies given, taken and Miss Reece can be served today at court. MISS BURGESS-PRIEST: Thank you. There is one more aspect, sir, which is costs. My client is seeking costs against Miss Reece for the application made today. A statement of costs was filed at court and served on Miss Reece on the 24 th ; it was posted out to her. THE DISTRICT JUDGE: Miss Reece has no means of ability to pay these costs, has she? MISS BURGESS-PRIEST: I am afraid I have not had an opportunity to clarify. The property is owned outright by Miss Reece. THE DISTRICT JUDGE: It is owned, is it? MISS BURGESS-PRIEST: Yes, it is an owned property. So I am afraid I do not know what Miss Reece's income is, perhaps she could clarify. THE DISTRICT JUDGE: Yes. What do you do income wise? What do you live on? MISS REECE: I live on income support [inaudible] . £1,000 a month, is it? I'm on disability living allowance. THE DISTRICT JUDGE: You have got no savings? MISS REECE: No. THE DISTRICT JUDGE: The house where you live, has it got a mortgage? MISS REECE: Yes. THE DISTRICT JUDGE: So the mortgage is paid through housing benefit, is it? MISS REECE: No, just comes out of my bank account. £109 [the bank?] I've been told. THE DISTRICT JUDGE: Any order for costs, Miss Burgess-Priest, could not be enforced easily, could it? MISS BURGESS-PRIEST: No, I suppose it would need to be as a charge on the property in reality. With the injunction order, the costs order did say that the defendant to pay the claimant's costs to be assessed if not agreed. If you are not agreeable to make the costs order as per the statement of costs outlined, would you be agreeable to limit it to the application fee? THE DISTRICT JUDGE: Yes. MISS BURGESS-PRIEST: Which I believe was £155. MISS REECE: Can I pay it in in—? THE DISTRICT JUDGE: You can. You can deal with that with— MISS REECE: Instalments. THE DISTRICT JUDGE: Yes. MISS BURGESS-PRIEST: I don't have the documents. It is not on the statement of costs, I do apologise. Is it £155? THE DISTRICT JUDGE: It is £155 but you have incurred process service fees as well, haven't you? Or those instructing you have. MISS BURGESS-PRIEST: Yes, we have. THE DISTRICT JUDGE: Mileage. MISS BURGESS-PRIEST: Yes. THE DISTRICT JUDGE: If I allow costs of £309.80. That is the court fee and the mileage and process service fee. MISS BURGESS-PRIEST: Yes, that would be [good?] , thank you. THE DISTRICT JUDGE: So you are going to have to pay £309.80 as well. You will have to contact Mossbank Homes to make arrangements to pay that. MISS REECE: Will Mossbank let me pay by instalments? MISS BURGESS-PRIEST: We can sort that out outside. MISS REECE: Can you? Have you got my number? MISS BURGESS-PRIEST: We can sort that out. I wonder, sir, whether it would be sensible for Miss Reece to stay and get service of the order. THE DISTRICT JUDGE: Yes, she will. Miss Hopley, if you could wait outside just in the waiting area with Miss Reece, I am going to draw up the order now and Miss Reece will be given a copy of the order before she goes. MISS BURGESS-PRIEST: Thank you. THE DISTRICT JUDGE: Thank you all very much. MISS BURGESS-PRIEST: Thank you very much, sir. [Hearing ends]