Tag Archive for 'gang'

Who you gonna call?

By J on 31/01/2011. 0 Comments

If there’s somethin’ strange in your neighbourhood you can now call… any of the persons listed in s.37(1), Policing and Crime Act 2009 (and not Mr Ray Parker Jr for whilst he “aint afraid of no ghost”, he’s useless* against criminal gangs).

You may recall that, back in BCC v Shafi (our note here), the Court of Appeal** held that a local authority could not use s.222, Local Government Act 1972 to obtain an injunction against members of a gang if (as in Shafi), it was possible to obtain an ASBO under s.1, Crime and Disorder Act 1998 instead. In that case, the authority had to seek an … Read the full post

Posted in ASB and FLW article. Tags: ASB, gang, Ray Parker Jr.

ASBOs for all!

By J on 31/10/2008. 8 Comments

Birmingham City Council v (1) Shafi (2) Ellis [2008] EWCA Civ 1186

This is a complicated case, focusing much more on local government law than on housing law per se, but there are some significant implications for housing lawyers. We’ve already had one request to blog this case and I hope you’ll see why.

Section 222(1)(a) of the Local Government Act 1972 confers on local authorities in England and Wales the right and power to “prosecute or defend or appear in any legal proceedings and, in the case of civil proceedings… [to] institute them in their own name.” One of the effects of this is to allow a local … Read the full post