The Court of Appeal in Lovett v Wigan Borough Council  EWCA Civ 1631 has provided useful guidance on sentencing options following breach of an Injunction under the Anti-Social Behaviour Crime and Policing Act 2014.
Sam Phillips and Tristan Salter appeared in conjoined appeals where the Court of Appeal provided clarity on sentencing options for committals. This followed from the Report by the Civil Justice Council dated July 2020 entitled “Anti-Social Behaviour and the Civil Courts” which found a disparity in sentences imposed across the county courts. The Court usefully adopted the guidance contained within the CJC report, providing clarity for social housing landlords with guidance tailor-made for the unique features of civil courts sentencing for breaches of Injunctions.
Sam Phillips appeared on behalf of Optivo, instructed by Huda Smart from Optivo Legal Services.
Tristan Salter appeared on behalf of Network Homes Limited instructed by Anna Bennett and Diana Migo from Devonshires.
Sam and Tristan will be speaking about what the judgment means for social landlords at 1 pm on 17 January 2023, book your space here.
The a copy of the judgment on Westlaw is here.