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	English and Welsh Courts - Miscellaneous
You are here: BAILII >> Databases >> English and Welsh Courts - Miscellaneous >> Thrive Homes Ltd v Tibble [2025] EWCC 19 (11 April 2025) URL: https://www.bailii.org/ew/cases/Misc/2025/CC19.html Cite as: [2025] EWCC 19

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IN THE COUNTY COURT
AT WATFORD

		Civil & Family Court 10 King Street Watford W18 0BW
		Date Of Hearing: 11 April 2025

If this Transcript is to be reported or published, there is a requirement to ensure that no reporting restriction will be breached. This is particularly important in relation to any case involving a sexual offence, where the victim is guaranteed lifetime anonymity (Sexual Offences (Amendment) Act 1992), or where an order has been made in relation to a young person.

JUDGE CLARKE:

1. This is the decision of the court in injunction proceedings under claim no. L00WD565 on an application to commit for contempt of court brought by Thrive Homes Limited on 15 January 2025.
2. The defendant is David Tibble of XXXXXXXXXXXXXXXXXXXXXXXXX.
3. On 6 June 2024 an electric safety injunction was made in this court against the defendant with provision for it to be served personally upon him, but if two failed attempts occurred, there was permission in the alternative for it to be served through his letter-box. That order was originally to remain in force until 6 December 2024. Nothing turns on it, but the order was extended on 11 March 2025 and continues to remain in place.
4. Two attempts at personal service failed. The order of 6 June 2024 was therefore served upon the defendant through his letter-box on 3 July 2024. The court has been provided with a certificate of service in that regard. On 3 September 2024, the claimant sent an appointment letter to the defendant for 11 September 2024. The injunction order required a minimum of 48 hours' written notice only. The contractors attended on 11 September 2024 but access was not granted.
5. The appointment was rescheduled for 23 September 2024 due to the fact that entry was not gained. The evidence is that yet again there was attendance at the property but no access was gained.
6. Following the issuing of the contempt application, the claimant sought to serve the application personally upon the defendant. Following a failed attempt to serve, an alternative service order was made on 11 March 2025 allowing for letter-box service. There is evidence of letter-box service on 19 March 2025. Among the documents that were sought to be served on that occasion were the contempt application itself and a copy of the notice of hearing advising the defendant of the hearing at the Watford County Court on 11 April 2025 at 10.30 a.m.
7. The defendant has failed to attend the court in accordance with that notice. It is now 10.48 a.m. In those circumstances, the court is satisfied on the evidence that has been provided that the claimant has served the defendant in accordance with the orders of the court and the rules of the court. The court is also satisfied on the evidence that the defendant has been put on notice of today's hearing and has failed to attend.
8. The court notes that the original order made on 6 June 2024 was made at a hearing at which the defendant did not appear, having been given notice of that hearing also. In those circumstances, the court is satisfied to the criminal standard that the contempt alleged by the claimant is made out. There is no evidence put before the court in mitigation on behalf of the defendant. The court has the option of passing sentence in respect of the committal today or of adjourning the matter to a further hearing. Having considered the matter, the court is satisfied that it would be appropriate to adjourn this matter to a sentencing hearing to be listed on notice to the defendant, to allow him a further opportunity to attend.
9. The defendant will be provided with a transcript of today's hearing or at least the decision of the court, so that he has that information. There will be permission for the documentation to be served on him through his letter-box.
10. The order will be that it needs to be served by email as well. He needs at least 14 days' notice of the hearing. The court wishes to make it clear for the purposes of the transcript and so that the defendant is aware, that whether or not he has allowed access to the property to enable the inspection to take place and any possible works in the meantime, is something that the court will be bearing in mind when it decides what sentence there should be for the committal which the court has found.
11. So if it is his intention at some stage to allow access, it is in his best interests to allow that sooner rather than later. As far as the sentencing hearing is concerned, the sentencing hearing will take place on 8 May 2025 at 10 o'clock in the morning with a time estimate of one hour.
_________________________

Post script: subsequent information came to light which identified that the Defendant may have been suffering mental health issues at the relevant times. The Claimant was provided with access to the premises between the committal hearing and any sentencing and in the circumstances the Court was satisfied that there should be no separate punishment for the contempt. Due to the fact there was also information which indicated the Defendant was vulnerable, the Court also made the decision to redact the Defendant's address from the published judgment.