Clarion housing association limited vs John Clifford

Background and Initial Injunction

The case of Clarion Housing Association Limited against Mr John Clifford centred on the repeated breaches of a civil injunction order. The initial injunction was issued by Deputy District Judge Harding on 20 February 2024, requiring Mr Clifford to vacate and refrain from entering the property at 5 Gibbons Close, Borehamwood, unless authorised by the claimant. The injunction was accompanied by a power of arrest, and service was confirmed on 26 February 2024.

Subsequent Breaches and Arrests

Despite the clear terms of the injunction, Mr Clifford was arrested on 19 March 2024 for being in the vicinity of the restricted area. Following this, he was granted bail with the condition of compliance with the injunction. However, on 20 March 2024, he was found again at the property, leading to further court appearances and remand orders.

Persistent Non-compliance

Mr Clifford's non-compliance persisted, with multiple documented breaches, including incidents on 3 April, 8 April, 16 April, 10 June, and 19 June 2024. These breaches were supported by witness statements and video evidence, demonstrating Mr Clifford's continued presence at the property despite the injunction.

Legal Proceedings and Judgments

The court hearings were marked by Mr Clifford's absence, despite attempts at personal service and alternative service methods. The court, satisfied with the service attempts, proceeded in his absence, applying the standard nine-stage test for contempt proceedings.

Assessment of Breaches

The court found the breaches to be of high culpability, categorised as persistent and serious breaches, causing moderate harm to the residents of the 'Live Smart' estate. The breaches were considered deliberate, with Mr Clifford showing a clear disregard for the court's orders.

Sentencing and Costs

In determining the sentence, the court considered the persistent nature of the breaches and Mr Clifford's failure to engage with the legal process. An immediate custodial sentence of three months was imposed, with time spent on remand taken into account. Additionally, the court assessed costs against Mr Clifford, totalling £4,488.50.

Conclusion

The case highlights the legal mechanisms available to housing associations in enforcing civil injunctions and the consequences of persistent non-compliance. The court's decision underscores the importance of adhering to court orders and the potential for custodial sentences in cases of contempt.

Learn More

For more information on housing law, see BeCivil's guide to UK Housing Law.