ASB / Breach of tenancy Injunctions and Committal – You MUST personally service the injunction!

The recent case of MBR Acres Ltd & Ors v Maher & Anor [2022] EWHC 1123 (QB) is a cautionary tale on service when it comes to injunctions.   

The Claimant secured injunctions which prevented the Defendants from entering a site. They did not personally serve them, instead they served on their solicitors. The Claimant issue a Committal Application for breach of the injunctions and the Court had to consider if service had been effective. 

Mr Justice Nicklin held that the obligation to personally serve an injunction had not changed by the new CPR81 and he refused an application to dispense with service.    

So, it’s clear, in Social Housing we MUST always ensure injunctions are personally served, if we are to have any hope of later bring a committal application. This applies to ASB injunctions as well as Breach of Tenancy injunctions.  

After service, it is also good practice to file at Court a certificate of service and retrain a copy of this should you require it in the future.