Moat Housing Group- South Ltd. v Harris & Anor, Court of Appeal - Civil Division, March 16, 2005, [2006] QB 606,[2005] 2 FLR 551,[2005] 4 All ER 1051,[2005] HLR 33,[2005] 3 FCR 123,[2005] Fam Law 544,[2005] EWCA Civ 287,[2005] 3 WLR 691

Linked as:

Extract


Moat Housing Group- South Ltd. v Harris & Anor, Court of Appeal - Civil Division, March 16, 2005, [2006] QB 606,[2005] 2 FLR 551,[2005] 4 All ER 1051,[2005] HLR 33,[2005] 3 FCR 123,[2005] Fam Law 544,[2005] EWCA Civ 287,[2005] 3 WLR 691

Neutral Citation Number: [2005] EWCA Civ 287

Case Nos: B2/2004/2666, B2/2005/0038 and 0042

IN THE SUPREME COURT OF JUDICATURE

COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM ALDERSHOT AND FARNHAM COUNTY COURT

District Judge Ackner

AND ON APPEAL FROM SOUTHAMPTON COUNTY COURT

His Honour Anthony Thompson QC

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 16 March 2005

Before :

LORD JUSTICE BROOKE

Vice-President of the Court of Appeal (Civil Division)

and

LORD JUSTICE JUDGE

and

LORD JUSTICE DYSON

- - - - - - - - - - - - - - - - - - - - -

Between :

- - - - - - - - - - - - - - - - - - - - -

- - - - - - - - - - - - - - - - - - - - -

Jan Luba QC & Charles King (instructed by R.J.Hawksley & Co) for Mr Harris on his appeal against District Judge Ackner's order

Jan Luba QC & Cheryl Jones (instructed by South West Law) for Ms Hartless on her appeal against District Judge Ackner's order

Jan Luba QC, Cheryl Jones & Charles King (instructed by South West Law) for the First and Second Appellants on the appeal against the deputy judge's order

Ashley Underwood QC & Philip Glen (instructed by Dutton Gregory) for the Respondents on all three appeals

Hearing dates: 20 January and 23 February 2005

- - - - - - - - - - - - - - - - - - - - -

INDEX

Lord Justice Brooke: This is the judgment of the court.

Part 1 The evening of 29th October 2004

1. The second appellant Susan Hartless lives at 49 Midhurst Road, Liphook with her four children, whose ages ranged (on 29th October 2004) between six and fourteen years. The first appellant Carl Harris is the children's father. He lived with his parents in Hindhead and was estranged from Ms Hartless during the period to which these proceedings relate, but he often visited the family in Liphook. Ms Hartless has occupied her home since May 2001 on an assured tenancy from the claimants, who are registered social landlords (``RSLs''). She and her growing family had lived in Liphook since 1992. We will call her three sons AH, BH and CH, in descending order of age, and her daughter DH.

2. On the evening of Friday 29th October 2004 her eight-year old daughter was looking forward to joining the other Brownies who had been chosen to represent their pack on a float at the village carnival the following day. Her son CH was looking forward to his seventh birthday party the following Monday. She had never received any notice or other warning from her landlords that her behaviour, or the behaviour of Mr Harris or her children, was such that the family might be at risk of being evicted from their home. It was therefore an enormous surprise to her when representatives of her landlords called at her house without prior notice at about 9 pm that evening, accompanied by the police and a television cameraman.

3. The claimants' representatives brought with them two large bundles of court papers. The five pages which required her most immediate attention contained two court orders. The first, an Injunction Order, contained her name and address in a box on the first page. It was headed ``In the Aldershot and Farnham County Court'' and purported to have been issued in an action between the claimants and a man we will call Paul D. It bore in bold type the precept ``If you do not obey this order you will be guilty of contempt of court and you may be sent to prison''. It continued, confusingly:

``On 29th October 2004 the court considered an application for an injunction

The Court ordered that Carl Harris

Is forbidden (whether by herself or by instrucing [sic] or encouraging any other (3) person)

(1) Having left Midhurst Road, Liphook, from entering or being in any part of the area shown edged in red on the plan attached to this order.

(2) From assaulting, threatening, abusing or otherwise causing a nuisance or annoyance to:

(a) Any person residing in or occupying housing accommodation in or in the neighbourhood of Midhurst Road, Liphook.

(b) Any person carrying out a lawful activity in the neighbourhood of Midhurst Road, Liphook.

(3) From contacting any of the following persons:

[Six names followed]

This order shall remain in force until the 29 April 2005 at 4 pm unless before then it is varied or discharged.

The Court will re-consider the application and whether the order should continue at a further hearing at Aldershot and Farnham County Court, 78/82 Victoria Road, Aldershot GU11 1SS on Thursday 04th November 2004 at 14.00 pm.

If you do not attend at the time shown the court may make an injunction order in your absence. You are entitled to apply to the court to reconsider the order before that day.

And it is ordered that

Susan Collette [sic] Hartless shall

(4) Leave Midhurst Road, Liphook by 6.00 pm on 29 October 2004.

(5) Exercise proper and reasonable parental control over [AH, BH, CH and DH] in order to prevent them from behaving in any of the ways referred to in this order.

It is further ordered that

(6) A Power of Arrest pursuant to Section 153C of the Housi...

See the full content of this document


ver las páginas en versión mobile | web

ver las páginas en versión mobile | web

© Copyright 2014, vLex. All Rights Reserved.

Contents in vLex United Kingdom

Explore vLex

For Professionals

For Partners

Company