A mummy blogger and her BAFTA-nominated TV director husband have received a bitter courtroom combat over a fly-tipped mattress towards their pop music producer neighbour who labored with Annie Lennox and Aswad.
Misha Manson-Smith, 47, and his author spouse Alex, 44, say they and their household have been subjected to ‘acts of nuisance and harassment’ for years by Mark Arthurworrey – a musician who produced tracks for 80’s stars together with Annie Lennox and Aswad.
Mr Manson-Smith, who has labored on award-winning comedies and documentaries, informed London‘s Excessive Courtroom that the pair have been at conflict with Mr Arthurworrey, who has made their lives a ‘distress’, since 2014.
Amongst different allegations, the couple accused him of dumping a ‘massive quantity of garbage’, together with a mattress, of their backyard, creating ‘noise nuisance’ and turning off the utilities at their flat.
Copywriter and journalist Alex Manson-Smith, 44 (pictured). The couple, who reside in Hackney, London, stated they and their household have been subjected to ‘acts of nuisance and harassment’
Mark Arthurworrey, 67, a musician who produced tracks for 80’s stars together with Annie Lennox and Aswad (pictured above). After taking him to courtroom, the couple have received damages
Mr Arthurworrey, 67, contended the entrance backyard of the constructing in Hackney, London, didn’t rightfully belong to the couple however was in truth his and denied any wrongdoing.
However after taking him to courtroom, the couple have received damages and are searching for an injunction to ban the music producer from interfering with them or their property.
Legal professionals for Mr and Mrs Manson-Smith informed Choose Hugh Southey QC that their troubles started once they purchased a flat in a transformed home in Dalston, east London, of which Mr Arthurworrey owns the freehold and ‘controls’ the opposite two flats within the constructing.
Their barrister, Jamal Demachkie, stated that ‘preliminary obstructive behaviour’ on the a part of Mr Arthurworrey, together with an incident when ‘the fuel was turned off,’ led to an earlier courtroom conflict between the neighbours and ‘units the scene’ for the present dispute.
He informed the decide that Mr Arthurworrey went on to topic Mr and Mrs Manson-Smith to ‘acts of nuisance and harassment for a major time period together with clashes over the usage of the backyard gate, fly-tipping, noise nuisance and refusal of entry’.
The barrister added: ‘Mr Arthurworrey dumped a big quantity of garbage into flat A’s backyard, together with a mattress….he admits dropping it however says “that is my backyard.”
‘My purchasers do personal the entrance backyard and have the suitable to make use of the again backyard.
‘Even when Mr Arthurworrey did personal the entrance backyard it will nonetheless represent a harassment to dump garbage and detritus into it, inflicting a nuisance and blocking the passageway.
Misha Manson-Smith (above), 47, who has labored on award-winning comedies and documentaries, stated that the pair have been at conflict with Mr Arthurworrey since 2014
‘That is not all. There’s the noise nuisance, the blocking of the entry to the again backyard… that is finally six years of harassment directed at Mr Manson-Smith and his household.’
The barrister informed the decide that, following ‘notably pernicious harassment’, the couple had obtained a restraining order on the neighbour in March 2017.
Within the Excessive Courtroom final month, they sued for damages and a civil injunction for harassment, nuisance and breach of covenant.
Following a day-long listening to, Mr Arthurworrey was debarred from defending his neighbours’ declare after failing to comply with a courtroom order made on a earlier event.
Making an order for abstract judgment in favour of Mr and Mrs Manson-Smith, Choose Southey stated: ‘There isn’t any materials that might enable a courtroom to reject the claimants’ proof.
‘A courtroom could be required to clarify findings of interference with the electrical energy and water provide to Flat A, clear findings of fly tipping and vandalism, clear findings of noise nuisance, clear findings of faux allegations being made in litigation, clear findings of flooding, clear findings of damaged home windows and pigeon infestation.’
The decide stated that dumping garbage into the couple’s entrance backyard ‘might quantity to harassment’ and he refused to again Mr Arthurworrey’s declare that the couple ‘fraudulently’ obtained possession of the backyard.
He concluded: ‘It seems to me that the issues I’ve discovered a courtroom would discover inevitably confirmed do quantity to harassment, in order that Mr and Mrs Manson-Smith are entitled to aid.
‘It additionally seems to me that the conduct quantities to a breach of the implied covenant for quiet enjoyment of the property.
‘That may be a enough foundation for granting abstract judgment.’
The constructing in Hackney which accommodates the flats of Mr Arthurworrey and Mr Manson-Smith. The decide stated dumping garbage into the entrance backyard ‘might quantity to harassment’
Mr Demachkie informed the decide that whereas there’s a restraining order in place towards Mr Arthurworrey, they need a extra ‘intensive’ order put in place.
‘They are going to be asking the courtroom to make a civil injunction in the end,’ he added.
Though Mr Demachkie stated an extended delay would solely ‘lengthen the distress’ for the couple, the decide adjourned the query of how a lot in damages Mr Arthurworrey should pay.
Mr Manson-Smith has labored with stars together with Sacha Baron Cohen, David Hasselhoff and Michael Sheen and has been nominated for BAFTAs thrice.
He has additionally received the Rose D’Or for Comedy Sequence, the Primetime Emmy Award for Distinctive Benefit in Non-Fiction Filmmaking and the British Comedy Award for Finest New Comedy.
Mr Arthurworrey had a profitable 25-year profession as a file producer, engaged on each side of the Atlantic.
He lived in Hollywood, working with Ray Parker Jnr of Ghostbusters fame, and Earth, Wind and Hearth.
He additionally produced The Associates, Billy McKensie and Annie Lennox, The Love Affair, William Bell, The Mighty Sparrow and Aswad.
Mrs Manson-Smith, the co-author of ‘You are So Mummy’, is a contract copywriter and journalist.
— to www.dailymail.co.uk
