Housing Department – Notable case Circle 33 Housing Trust Ltd –v- Kathirkmanathan

Blavo & Co acted on behalf of the Defendant in these proceedings. The Claimant’s landlords, Circle 33, issued injunction proceedings against the Defendant for alleged anti social behaviour and noise nuisance.

At the first instance the matter was agreed by undertakings. However months later the Claimant made an application for committal alleging further noise and a breach of the undertaking. The Defendant was subsequently sent to prison. Blavo and Co submitted an emergency application to the Court of Appeal. The Judge ordered the Defendant’s immediate release and furthermore declared committal proceedings had been unnecessary and premature.

Judgment was made in favour of the Defendant and the Claimant, Circle 33, was ordered to pay Defendant’s costs of the committal hearing and the appeal. The Lord Justices emphasised the need for undertakings to be drafted correctly and precisely. It was further held that the language of the undertaking was insufficient to do that which the judge had assumed it would do, namely, to make the Defendant responsible for ensuring that he did not cause noise to his neighbours. The language did not cover allowing antisocial behaviour to take place and emanate from his flat.

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Circle 33 Housing Trust Ltd –v- Kathirkmanathan