Comments on: ASBO in absentia

By: J

Thu, 19 Nov 2009 11:16:49 +0000

“Not at all and I have acted for some of them !”

I’m glad you said it. I was wondering how cheeky I could be…

:-)

By: JS

JS — Thu, 19 Nov 2009 11:06:33 +0000

Not at all and I have acted for some of them !

My point is that West Kent -v-Davies is sometimes used to argue that you should deprive someone of their home against whom other factors suggest a PPO is appropriate simply because it may be a burden to get witnesses back to court .

Adopting Sedley LJ’s approach in SCC–v Shaw I struggle to see how alone that can justify an outright order in Art 8 terms .

By: J

Thu, 19 Nov 2009 08:12:52 +0000

I think you’re running two points together there. I entirely agree that many landlords (and judges) are far too willing to accept that people are too afraid to come to court / give their name in witness statements etc and many landlords seem to have this misguided belief that just saying “X is scared” is enough to permit anonymous hearsay evidence into evidence.

However, that isn’t to say – as I’m sure you’d agree – that there are not some truly unpleasant (and scary) people that landlords have to take action against. A quick flick through the reported cases should be enough to bring that home. In those circumstances, it does seem to me that West Kent v Davies is plainly relevant.

By: JS

JS — Wed, 18 Nov 2009 21:22:36 +0000

I always think reliance on the West Kent case shows desperation. Those dicta sit very uneasily in a post HRA world.Many witnesses who allege they are too afraid to attend court are afraid of cross examination rather than intimidation.

Langstaff J’s decision strikes me as utterly right .

By: J

Tue, 17 Nov 2009 11:42:58 +0000

No. Neither the Mags nor the police were represented in the High Ct, so it is very unlikely either would appeal. In any event, the ASBOs have lapsed through passage of time

By: Marcin

Marcin — Tue, 17 Nov 2009 10:40:36 +0000

Any word on whether the Magistrates will be appealing?

In any case, I think that this one will not be followed. I find it difficult to imagine what benefit the boys could have derived from being personally present, unless it were to give evidence on their own behalves.