Curo Places -v- Karen West (order)

CivilCounty CourtOrder

Claim number: J01BS387

In the County Court at Bath

24 March 2025

Before:

District Judge Byass

Between:

Curo Places (Limited)

-v-

Karen West

Order

Before District Judge Byass sitting in the County Court at Bath on 24 March 2025 at 10am

UPON the Court hearing from Mr Ward, Counsel for the Claimant and Mr Villau, Counsel for the Defendant

UPON the Court hearing that the Defendant admits that in breach of clause 2 of the injunction dated 1 August 2023 on or around 12.45am on 23 October 2023 she played loud music in the communal area of The Old Gaol, Henrietta Place on her phone and was singing and dancing

UPON the Court hearing that the Defendant admits that in breach of Clauses 1 and 2 of the injunction dated 1 August 2023 that on or around 10 January 2024 at 8.18pm she was in the Old Gaol Communal area talking loudly in a manner which appeared to Emma Sturkey as an attempt to communicate with her

UPON the Court hearing that the Defendant admits that in breach of Clause 7 of the injunction dated 1 August 2023 on or around 8 March 2024 at 8.30pm she approached Fiona Burt in Waitrose, Bath and began speaking to her

UPON the Court hearing that the Defendant admits that these breaches caused harassment, alarm, annoyance and distress

UPON the Court hearing and noting that the Defendant did not intend to cause harassment, alarm, annoyance or distress or breach the injunction

UPON the Court recording that the Claimant does not pursue the other allegations on the Schedule of Allegations and there being no admissions or findings thereupon save as expressly set out in this order

UPON the Court hearing that it is not currently the intention of the Claimant to pursue committal proceedings in respect of any matter arising prior to the date of this order but their position in this respect is reserved

UPON the Court considering the Defendant’s application for a McKenzie friend

UPON the Court considering the Defendant’s application to strike out the application for committal

UPON the Court considering the Defendant’s application to adduce the witness evidence of Mr Daniel Barratt

UPON the Court noting that the Claimant does not oppose the application to adduce the witness evidence of Mr Daniel Barratt

IT IS ORDERED THAT

  1. The allegations at numbers 4, 7 and 9 of the Schedule of Allegations accompanying the Claimant’s application for committal dated 31 July 2024 are proven.
  2. The Defendant’s application for a McKenzie friend is granted.
  3. The Defendant’s application for strike out is dismissed and it is further recorded that such application was totally without merit.
  4. The Defendant’s application to adduce the witness evidence of Mr Daniel Barratt is granted.
  5. There be no sanction in respect of the breaches at paragraph 1.

BY CONSENT IT IS ORDERED THAT

  1. The injunction dated 1 August 2023 as amended by the order dated 12 June 2024 shall be extended so as to remain in force until 11.59pm on 24 March 2026.
  2. No order for costs save as for the detailed assessment of the publicly funded costs of any legally aided party.