England and Wales Court of Appeal (Civil Division) Decisions

IN THE SUPREME COURT OF JUDICATURE
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE WILLESDEN COUNTY COURT
(Mr Recorder Morris)

		Royal Courts of Justice Strand London WC2 Friday, 22nd June 2001

Friday, 22nd June 2001

1. LORD JUSTICE CLARKE: This is an appeal by Mr and Mrs Hamoodizadeh against an order of Mr Recorder Morris made on 25th May 2001 in which he made a suspended committal order and an order for costs against the appellants in a sum of over £3,800. This appeal is what we hope will be the end of a long saga which has been under way for a very considerable time. However, as a result of the sensible approach to the case by both sides, that is to say on the one hand by the claimant, the Network Housing Association Limited, and on the other hand by Mr Hamoodizadeh on behalf of himself and his wife, a sensible arrangement has now been reached for the future.
2. We are firmly of the view that all the appellants' belongings must be removed from no.50 so that the Housing Association can carry out the work on no.50. The appellants have been worried that there is not enough room in no.46 (where they are now living) for all those belongings. So it has been agreed between the parties that the appellants will themselves remove whatever they wish from no.50 to no.46 and the Housing Association has agreed to remove anything left behind to storage. The Housing Association has agreed to pay for that storage, and it has also agreed to take reasonable steps to ensure that the appellants have access to those goods in store.
3. It is now urgent that the repairs to no.50 take place, and Mr Hamoodizadeh has agreed to remove the goods which he and his wife wish to take to no.46 before 11 o'clock on Tuesday morning and he has agreed to hand over the keys to the housing association at 11 o'clock on Tuesday morning. He also recognises that he and his wife cannot return at all to no.50 after that, and he accepts that it would be appropriate for this court to make an order to that effect.
4. Mr Hamoodizadeh has expressed concern about the order for costs made by Mr Recorder Morris in the substantial sum of over £3,800. The Housing Association has very sensibly agreed that, if the appellants comply with the order that they return the keys by 11 o'clock on Tuesday morning, they will not enforce that order. Mr Hamoodizadeh has agreed on behalf of himself and his wife that in those circumstances he will withdraw his appeal. That seems to us to be an extremely sensible way forward and we hope will avoid further litigation arising out of this move. I should add that the Housing Association has also indicated a willingness not to enforce any order for costs in relation to this appeal which we might otherwise make, again, if the appellants comply with the order. We should make it clear that the order will be endorsed with what is called a penal notice, so that, if the appellant should not return the keys at 11 o'clock on Tuesday, they will be guilty of a contempt of court and are extremely likely to be sent to prison. Of course we hope that that will not happen. We feel sure in the light of the promises given to us today by Mr Hamoodizadeh that it will not, but on that basis it appears to us to that it is not necessary for us to give a detailed judgment relating to all the rights and wrongs of the previous situation. One of the reasons for that is that we are firmly of the opinion that the time has come to move forward, not back.
5. The order will therefore be as follows. Upon the respondent's (the Housing Association's) undertaking:

(1) to remove any property belonging to the appellants which is still at number 50B Nightingale Road, Harlesden at 11.00 on Tuesday 26th June and to store it at the Housing Association's expense;

(2)to take reasonable steps to ensure that the appellants have reasonable access to such property;

(3)provided that the appellants comply with paragraph (1) of this order not to enforce the order for costs made by Mr Recorder Morris on 25th May in the sum of £3,800 and not to enforce any order for costs made on this appeal;

(4)to erect a post box for mail outside no.50 Nightingale Road before 11 o'clock on 26th June,

it is ordered that the appellants, and each of them

(i)return to the Housing Association all the keys to no.50B Nightingale Road at 11 o'clock on Tuesday 26th June by handing them to Maria Windsor or her substitute; and

(ii)do not enter no.50 Nightingale Road for any purpose after 11 o'clock on Tuesday 26th June 2001 without the permission of the Housing Association or further order of the court.

Order: As above. No order for costs.