Committal for contempt of court: Clare Johnson -v- David Johnson

Committal for contempt of courtCounty CourtCommittal for Contempt of Court

Claim number: K00MB065

In the Middlesbrough County Court

Before:

His Honour Judge Robinson

Between:

Claire Louise Johnson
(Claimant)

-v-

David George Johnson
(Defendant)

Order

BEFORE His Honour Judge Robinson sitting at the County Court at Middlesbrough, Teesside Combined Court, Centre Square, Middlesborough, TS1 2AE.

A. UPON hearing Counsel for the Claimant and the Defendant in person.

B. UPON the Court refusing permission to the Claimant to rely on a supplemental statement of Clare Louise Johnson dated 10 June 2026.

C. UPON the Court hearing evidence from Clare Louise Johnson on behalf of the Claimant and from David George Johnson and Dan Johnson on behalf of the Defendant.

D. UPON the Court hearing submissions from Claimant’s Counsel and from the Defendant before delivering an ex-tempore Judgment in relation to the contempt application ad, after hearing further submissions, delivering a further ex-tempore Judgment in relation to sentencing.

IT IS ORDERED THAT:

  1. The Defendant is found in contempt of court for breaching the Order of 26 June 2023 (as amended by Penal Notice on 18 December 2024), and its undertakings dated 26 June 2023 and the Order of 13 December 2023 – as per 20 Balmoral Road, Lingdale, TS12 3HW, “the property “– as follows:
    Breach of Order:
    a. Order dated 26 June 2023: Upon 24 hours’ notice, the Defendant will ensure that the property is vacant for viewings not less than 30 minutes prior to the agreed viewing appointment. On 24 October 2025 the Defendant attended the property, in the company of his son, during a viewing.
    b. Order dated 13 December 2025: The Defendant must return all keys he holds, or which he has entrusted to any other person, in relation to the property to Martin & Co (the estate agent) by 4pm on 5 January 2026. The Defendant failed to provide the estate agent with a key to the garage.

Breach of Undertaking:

c. Undertaking dated 26 June 2023: To co-operate with the active marketing of the property and to allow reasonable access to the marketing agents and prospective purchasers as required. Between 1 November 2025 and 13 December 2025, the Defendant left a large van parked on the drive close to the entrance such that entry was impossible to the house and garage and changed the locks at the property.
d. Undertaking dated 26 June 2023: To co-operate with the active marketing of the property and to allow reasonable access to the marketing agents and prospective purchasers as required. The Defendant failed to provide the estate agent with proof of his identity despite repeated requests, in breach of the undertaking given on 26 June 2023.

  1. The Defendant do pay a fine to the Claimant in the sum of £2,500.
  2. The suspended sentence imposed at paragraph 2 of the Order dated 25 March 2025 is further extended until (1) 4pm on 16 June 2028 or (2) completion of the sale of the property, whichever occurs soonest.
  3. The Defendant must, within 7 days of the request, provide the estate agent and / or the selling conveyancer with all necessary information requested including executing any documents.
  4. The Defendant must not directly or indirectly, whether by himself or through a third person or persons, cause or permit the sale of the property to be obstructed, delayed or frustrated.
  5. The Defendant shall pay the Claimant’s costs of the S. 39 Senior Courts Act application heard on 4 June 2024, summarily assessed in the sum of £2,304.20.
  6. The Defendant shall pay the Claimant’s costs arising from the late evidence produced on 4 June 2026, summarily assessed in the sum of £3,130.60.
  7. The Defendant shall pay the Claimant’s costs of the contempt application, on the indemnity basis, summarily assessed in the sum of £10,028.20.
  8. The sums at paragraphs 2, 6, 7 and 8 above shall be deducted from the Defendant’s share of the net proceeds of sale. If the funds are not available from the net proceeds of sale, the Defendant must pay the balance to the Claimant within 28 days of notification of completion of the sale of the property.
  9. The Defendant may, within 21 days of the judgment being given in court, appeal without permission.