Tag Archive for 'ASBO'

Mudslinging, evidence and possession of different kinds

By NL on 26/06/2011. 2 Comments

Barking & Dagenham LBC v Bakare, Imevbore & Imevbore. Romford County Court 14/03/2011 HHJ Platt [unreported elsewhere]

A county court case, but one with some interesting issues. Also a cautionary tale on being able to actually provide evidence of allegations and raising matters in the right proceedings.

Barking had applied within existing possession proceedings for a final order for possession of a property under Grounds 1 and 2 of Schedule 2 of the Housing Act 1985 against Ms Bakare. Barking also claimed against the second and third defendants (who are the adult sons of the first defendant) for anti social behaviour orders under section 1 of the Crime and … Read the full post

Posted in ASB, FLW case note, Housing law - All, Possession and secure-tenancy. Tags: , , .

Proper Crimbo!*

By J on 08/02/2011. 0 Comments

In More Effective Respopnses to Anti-Social Behaviour the Government sets out its plans for reforms of the ASBO and other associated remedies. In brief, the government thinks that:

(a) there are too many tools for dealing with ASB and practitioners tend to stick with the ones they know best;

(b) some tools (especially the ASBO) are slow, bureaucratic and expensive;

(c) ASBOs are not deterring ASB;

(d) tools designed to deal with underlying causes of ASB are rarely used.

Therefore, the government proposes to abolish some 17 remedies (ASBO, CRASBO, Interim ASBO, ASB injunction, individual support order, intervention order, crack house closure order, premises closure order, brothel closure order, designated … Read the full post

Posted in ASB, FLW article and Housing law - All. Tags: , , .

‘Ard en fast rule*

By J on 20/02/2010. 2 Comments

James v Birmingham City Council [2010] EWHC 282 (Admin) is a further dispute about the power of the court to vary an ASBO.

A magistrates court may make and ASBO against any person over the age of 10 if it can be proved (to the criminal standard of proof, using the civil rules of evidence) that he has acted in an anti-social manner, that is to say, in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself and that it is necessary for such an order to be made – s.1(1), Crime and Disorder … Read the full post

Posted in ASB and FLW case note. Tags: , .

How late did you leave it?

By J on 19/12/2009. 1 Comment

Not a post about Christmas shopping, (which is all done, thanks to Amazon) but about delays in lodging appeals against ASBOs and the case of R (Birmingham CC) v Birmingham Crown Court; R (South Gloucestershire DC) v Bristol Crown Court [2009] EWHC 3329 (Admin).

When a Magistrates’ court makes a stand alone ASBO (s.1(1), Crime and Disorder Act 1998), appeal (by way of re-hearing) is to the Crown Court. Neither the CPR nor the Criminal Procedure Rules govern such applications, rather, they are dealt with by the Crown Court Rules 1982. Those rules require that notice of any appeal be lodged with the Crown Court within 21 days of … Read the full post

Posted in ASB and FLW case note. Tags: , , .

ASBO in absentia

By J on 16/11/2009. 6 Comments

M v Burnley, Pendle & Rossendale Magistrates’ Court [2009] EWHC 2874 (Admin) (on Lawtel only)

The claimant were two brothers, aged 13 and 14. They were subject to ASBOs which prohibited them from engaging in certain anti-social behaviour in the borough of Pendle. With seven months of the ASBO still to run the family moved to another area and the police (who appear to have obtained the original ASBO) applied to vary the geographic scope of the order.

The brothers instructed a solicitor who appears to have attended the first hearing of the variation application on their behalf. The application was opposed and a trial date set for December 2008.… Read the full post

Posted in ASB, FLW case note and Housing law - All. Tags: , , .

Keep the noise down

By J on 09/06/2009. 0 Comments

R (McGarrett) v Kingston Crown Court (Divisional Court, 8.6.09)

This case appeared as a note on Lawtel this morning and there is no transcript available yet. Mr McGarrett was a tenant of the local authority. He had a PPO on grounds of nuisance hanging over his head. One of the terms of the PPO was that he should not cause a nuisance to residents in the neighbourhood.

After the PPO was made, he informed the local authority and his neighbours that he would be hosting a wedding reception. The local authority responded by serving a noise abatement notice. Notwithstanding the notice, the reception took place and the local authority prosecuted … Read the full post

Posted in ASB, FLW case note and Housing law - All. Tags: , .

Not taking the hint

By J on 18/03/2009. 0 Comments

Just a short note about an ASBO case that was decided in the Divisional Court today – Birmingham City Council v Dixon (18.3.09).

Imagine, if you will, that a local authority applies for an ASBO against “X”. After the application is issued, but before the final hearing, X continues to act in an anti-social manner. Can the local authority rely on those “new” incidents in the substantive ASBO application?

Yes, said the Divisional Court. It goes both to propensity to carry out the original acts of ASB complained of and certainly goes to the necessity (see s.1(1)(b) Crime and Disorder Act 1998) to make the order. If, however, the … Read the full post

Posted in ASB and Housing law - All. Tags: , , .
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