Committal for Contempt of Court: Clare Louise Johnson -v- David George Johnson

County CourtCommittal for Contempt of Court

Case number: K00MB065

In the County Court in Middlesbrough

25 March 2025

Before:

His Honour Judge Robinson

Between:

Clare Louise Johnson

-v-

David George Johnson

Order

BEFORE His Honour Judge Robinson, sitting in the County Court at Middlesbrough, Teesside Combined Court Centre, Middlesbrough, TS1 2AE on 25th March 2025

  1. The Claimant is Clare Louise Johnson who is represented by Mr Ross of counsel, instructed by Miss Snowdon of Kathy Webb & Co Solicitors.

B. The Defendant is David George Johnson who is represented by Mr Williams of counsel, instructed by McGee McGee Agar Law.

C. UPON hearing Counsel for the Claimant and Counsel for the Defendant.

D. UPON the Court recording that the Claimant’s application is that the Defendant is in contempt for breaching the Order of 26th June 2023 (as amended by Penal Notice on 18th December 2024), and his undertakings dated 26th June 2023 – as per 20 Balmoral Road, Lingdale, TS12 3HW ‘the property’ – as follows:

Breach of Order:

  1. failure to provide Martin & Co (the estate agent) with a key to access the property;
  2. failure to ensure that the property is vacant for viewings;

Breach of undertakings:

c. failure to complete the remedial work required to the property;

d. failure to cooperate with the active marketing of the property or allow reasonable access to the property.

E. UPON the Defendant confirming through his counsel that he admitted contempt.

F. UPON the Court recording that the Claimant, in addition to any sentence handed down for contempt, sought the following Orders:

  1. The Defendant to give the Claimant vacant possession of the property within 28 days;
  2. The Defendant to remove all of his belongings from the property within 28 days;
  3. The Defendant to provide all key(s) required to fully access the property to Martin & Co within 28 days.
  4. The Defendant to fully co-operate with the sale and provide any information or paperwork that may be required to the estate agent and/or conveyancing solicitor not later than 48 hours of request.
  5. The Claimant to have sole conduct of the sale (including all sale-related negotiations).
  6. The Claimant alone to be the proper person to execute all legal documents and contracts relating to the sale of the property.
  7. The Defendant to pay the Claimant’s costs; to be deducted from the Defendant’s share of the net proceeds of sale of the property.

G. UPON the court hearing submissions from both counsel before proceeding to delivering an ex-tempore judgment in relation to sentencing.

IT IS ORDERED THAT:

1. The Defendant David George Johnson is sentenced to a period of custody of 30 days, on a global basis, for the following breaches:

    1. failure to provide Martin & Co (the estate agent) with a key to access the property;
    2. failure to ensure that the property is vacant for viewings;
    3. failure to complete the remedial work required to the property;
    4. failure to cooperate with the active marketing of the property or allow reasonable access to the property.

    2. The sentence contained in paragraph 1 above is suspended today (a) until 4pm on 24th March 2026 and (b) upon compliance with the Order of 26th June 2023 (as amended).

    3. The Defendant may, until 4pm on 15th April 2025, appeal against this Order without permission.

    4. The Order of 26th June 2023 (as amended by Penal Notice on 18th December 2024) shall be further amended as follows:
    4.1 The Defendant must, by 4pm on 28th March 2025, provide to Martin & Co all key(s) required to fully access the property.
    4.2 The Claimant shall have sole conduct of marketing & sale of the property.
    4.3 The Defendant must, within 7 days of exchange of contracts or receipt of a request from/on behalf of the Claimant, whichever is sooner, duly execute Form TR1.
    4.4 The Defendant must ensure that, at any arranged viewings of the property, dogs must not be present.

    5. The Defendant shall pay the Claimant’s costs, summarily assessed today in the sum of £6,159.35. This sum shall be deducted from the Defendant’s share of the net proceeds of sale.