Committal for Contempt of Court: Derwent Housing Association Limited T/A Derwent Living -v- Norris

County CourtFamily CourtCommittal for Contempt of Court

Case Number: H00DE751

County and Family Courts
At Derby and Chesterfield

22 May 2023

Before:
District Judge Davies

Between:
Derwent Housing Association Limited T/A Derwent Living
-v-
Calvin Norris

On 4 January 2022 the Defendant was prohibited from:

  1. Being violent or threatening violence towards any officer employed by the claimant or any person employed by any agent of the claimant or anyone else working on the claimant’s behalf or any person residing in, visiting or otherwise engaged in a lawful activity at North Street, Langley Mill.
  2. Using abusive threatening or violent behaviour towards any officer employed by the Claimant or any person employed by any agent of the claimant or anyone else working on the claimant’s behalf or any person residing in, visiting or otherwise engaged in a lawful activity at North Street, Langley Mill.
  3. Engaging in conduct which causes or is likely to cause harassment or alarm or distress or nuisance or annoyance towards any officer employed by the Claimant or any person employed by any agent of the claimant or anyone else working on the claimant’s behalf or any person residing in, visiting or otherwise engaged in a lawful activity at North Street, Langley Mill.
  4. Damaging any property belonging to the claimant or any agent or contractor of the claimant or anyone else working on the claimant’s behalf or any person residing in, visiting or otherwise engaged in a lawful activity at North Street, Langley Mill.
  5. Failing to allow access to the premises to any officer employed by the claimant or any person employed by its agents, contractors or anyone else working on the claimant’s behalf and anyone authorised by the claimant to carry out any necessary inspections, repairs or other work provided the defendant has been given at least 24 hours’ notice in writing of the time and dates that access is required.
  6. Telephoning the claimant’s offices or any of the claimant’s agents contractors or anyone else working on the claimant’s behalf on any of the claimant’s main office numbers, sextension numbers and/or mobile phones or the main office numbers, extension numbers and/or mobile phones of their agents or contractors or anyone else working on the claimant’s behalf.
  7. Being present at the premises when the claimant’s offices or any of the claimant’s agents contractors or anyone else working on the claimant’s behalf are at the premises for prearranged visits and the defendant must make arrangements with a third party to be present at the premises to allow access for such.
  8. Visiting, attending or entering the offices of the claimant at number 1 Centro Place, pride Park, Derby DE24 8RF and/or any car park serving this office unless the defendant has a prearranged appointment that has been confirmed by the claimant in writing. When attending any office in question the defendant must bring with him a copy of the written confirmation of the appointment so that he is given access to the building where the meeting is to take place.
  9. Sending letters or emails or any other form of electronic communication to any of the claimant’s offices, or any of the claimant’s agents, contractors or anyone else working on the claimant’s behalf save that the defendant is permitted to contact the claimant using the email address tenancyservicesduty@derwentliving.com, or in writing to 1 Centro Place, Pride Park, Derby DE24 8RF.
  10. A power of arrest was attached to the Order.
  11. The Order was served on the Defendant.
  12. The claimant applied to commit the defendant in respect of the following alleged breaches
  13. On 15th February 2022 the defendant was present at the premises at 19 North St, Langley Mill, Nottinghamshire NG16 4BS (“the premises) when the claimant’s officers attended for a prearranged appointment in order to carry out an inspection of the premises in breach of clause 1(g) of the injunction dated 4 January 2022
  14. On 15 February 2022 the defendant failed to allow access to the premises to the claimant’s officers when they attended the premises to carry out an inspection of the premises in breach of clause 1e of the injunction dated 4 January 2022.
  15. On 1 March 2022 the defendant made two telephone calls to the claimant’s main office number in breach of clause 1f of the injunction dated 4 January 2022.
  16. On 21 March 2022 the defendant made a telephone call to the claimant’s main office number in breach of clause 1f of the injunction dated 4 January 2022
  17. On 28 March 2022 the defendant made a telephone call to the claimant’s office and during the course of that call made abusive racist remarks concerning Tahir Fazal, a surveying technician in the employ of the claimant. Further that the defendant during a call used offensive language and spoke in an aggressive tone to the call taker. This conduct was in breach of clauses 1b, 1c and 1f of the injunction dated 4 January 2022.
  18. On 5 August 2022 the defendant was present at the premises when the claimant’s officers attended for a prearranged visit for the purpose of carrying out a conditions survey of the premises. This conduct was in breach of clause 1g of the injunction dated 4 January 2022.
  19. On 26 September 2022 the defendant was present at the premises when the claimant’s contractors attended for a prearranged appointment to carry out works of repair. The defendant opens the door to the contractors but refused them access. The defendant shouted aggressively at the contractors and slammed the door in their faces. This conduct was in breach of clauses 1b, 1d and 1g of the injunction dated 4 January 2022.
  20. The Claimant was represented by a Solicitor. The Defendant was represented by counsel.
  21. The Defendant admitted the breaches.
  22. These were the first breaches of the injunction to be made the subject of an application to commit.
  23. At a previous hearing on 15 February 2023 when the claimant was represented by a solicitor and the defendant was represented by counsel, the court adjourned consideration of sentence and gave an indication of what sentence it would have been passed on that day had the court determined so to do, and gave an indication of what lesser sentence might be imposed should there be no further proven or admitted breaches in the three month period of deferral of sentence.
  24. Since 15 February 2023 there have been no further alleged, proven or admitted breaches.
  25. The Court sentenced Calvin Norris to prison for 14 days but the committal order was suspended until the expiry of the injunction order dated 4 January 2022 on 4 January 2024 at 4pm and will not be put into force if during that time Calvin Norris complies with the terms of the injunction Order dated 4 January 2022.

    District Judge Davies
    22 May 2023.