Network Housing Association Ltd v Mr & Mrs Hamoodizadeh

An appeal may be disposed of by an agreed order where the parties have reached a practical arrangement resolving the immediate dispute. The court may give effect to that arrangement through undertakings and mandatory obligations, including delivery of keys and a prohibition on re-entry. A penal notice may make clear that breach constitutes contempt of court and may lead to imprisonment. The court need not determine the underlying rights and wrongs where the agreed order provides a sensible and final way forward. Costs may be dealt with as part of the arrangement, including non-enforcement of an existing costs order subject to compliance.

Network Housing Association Ltd v Mr & Mrs Hamoodizadeh was an appeal from an order made by Mr Recorder Morris in the Willesden County Court on 25 May 2001. The order included a suspended committal order and costs exceeding £3,800.

During the appeal, the parties agreed arrangements enabling Network Housing Association Ltd to carry out urgent work at no.50B Nightingale Road. The appellants were to remove belongings they wanted to retain, return the keys, and cease entering the property. The Housing Association undertook to store remaining belongings, provide reasonable access to them, erect a post box, and refrain from enforcing specified costs if the appellants complied. The central issue was whether the dispute should be resolved by an agreed order rather than by determination of the underlying merits.

The appeal was withdrawn after Mr Hamoodizadeh, on behalf of himself and his wife, agreed to the proposed arrangements. The Court of Appeal considered that arrangement sensible and stated that it was unnecessary to give a detailed judgment on the rights and wrongs of the previous situation.

1. The court made an order upon the Housing Association’s undertakings. Any property left at no.50B Nightingale Road was to be removed and stored at the Association’s expense, with reasonable access for the appellants. The Association was also to erect a post box outside the property.
2. The appellants were ordered to return all keys to the Association at 11.00 am on Tuesday 26 June 2001. They were prohibited from entering the property after that time without the Association’s permission or further order of the court.
3. The order was to carry a penal notice. The court explained that failure to return the keys as ordered would constitute contempt of court and was extremely likely to result in imprisonment.
4. Subject to compliance with the order, the Housing Association agreed not to enforce the County Court costs order and any costs order made on the appeal. The appeal was withdrawn, and the Court of Appeal made no order for costs.

• Court of Appeal (Civil Division) — In [2001] EWCA Civ 1036, the appeal was withdrawn following an agreed arrangement. An order was made on undertakings, with no order for costs.
• Willesden County Court — Mr Recorder Morris made a suspended committal order and a costs order on 25 May 2001.