Committal for Contempt of Court: Derby City Council -v- Alex Kelsey
Case Number: J00DE966
Derby County Court
5 August 2024
Before:
District Judge Lubega
Between:
Derby City Council
-v-
Alex Kelsey
Order
On 15 December 2022 the Defendant was forbidden (amongst other things) (a) from approaching, contacting or communicating with another tenant of the Claimant and (b) from banging on doors, walls or floors, shouting, playing loud music or in any other way causing a nuisance or annoyance to the other tenant or any other neighbouring resident. The order was to last until 15 December 2023.
The order was served on the Defendant.
On 16 February 2023 the Claimant made an application for contempt of court alleging breaches of the injunction. At a hearing on 29 September 2023 at which the Defendant was represented by Counsel, the Defendant admitted three breaches of the injunction, on 15 January 2023 (banging on the door of and shouting abuse at another resident), 25 June 2023 (shouting and screaming in his flat) and 9 July 2023 (shouting, screaming and banging in his flat). Sentencing was adjourned generally.
On 27 March 2024 the Claimant made an application for the matter to be restored for sentencing. The Court heard the application and sentenced the Defendant at a hearing on 5 August 2024. The Defendant was represented by Counsel at the hearing.
The court sentenced Alex Kelsey to committal to prison for contempt of court for 21 days for the first breach of the injunction and to committal to prison for contempt of court for 5 days for each of the second and third breaches of the injunction, to run concurrently with the period of imprisonment imposed for the first breach of the injunction. The committal order is suspended for 12 months and will not be put into force if during that time the said Alex Kelsey complies with the terms of a further Injunction Order made on 5 August 2024.