Sentencing guidance for committal hearings

In Amicus Horizon Ltd v Thorley , Court of Appeal, May 30, 2012 (no transcript available yet), Mr Thorley appealed against an order sentencing him to prison for four months. Amicus Horizon had claimed for possession and an anti-social behaviour injunction against Mr Thorley after he had threatened both the employees of Amicus Horizon and […]

Barking and Dagenham LBC v Bakare; too little too late

Just a brief note on this. As yet no transcript. This is another example of a fairly robust antisocial behaviour decision being upheld on appeal and it reinforces the well established principle that an appellant who is essentially attacking the discretion of the Judge below will find no sympathy in the Court of Appeal. The […]

Full of Sound and Fury…

Signifying nothing* (*And yes, I am aware that the preceding line is ‘A tale told by an idiot’.) The much trumpeted Wandsworth riot related eviction has stalled even before possession proceedings were issued. According to a press release from Liberty, following a meeting with the tenant’s legal representatives (the tenant is represented by Liberty), LB […]

Fairness for hedges

R(Pelling) v Newham LBC [2011] EWHC 3265 (Admin), 28.10.2011 (not on Bailii yet) It’s fair to say that I have an unnatural (purely) academic interest in high hedges – my colleagues laugh every time I try to discuss it sensibly.  I’ve always found it discursively significant that provisions about high hedges were included in the […]

Ain’t no Cicero

This, the second post on the riot related possession proposals (the first is here), looks at an article published on the ConservativeHome website by Jake Berry MP, Parliamentary Private Secretary to Grant Shapps, and Tory MP for the gritty urban constituency of Rossendale and Darwen in Lancashire. OK, that last bit may be a bit […]

Losing localism

Or, more accurately ‘locality’. Sorry if that got anyone excited over nothing. As has been widely announced, the DCLG consultation on introducing a mandatory ground for possession on grounds of conviction for a housing related ASB offence etc, previously discussed here, has been amended to include a question on amending Ground 2 of Schedule 2 […]

Wandsworth: headed for the naughty step?

As is now pretty well known (and as I noted in the comments below this post) Wandsworth Council apparently made a bid to bring the first riot related possession proceedings. There are some things about Wandsworth’s behaviour that should be pointed out, but it also turns out that all might not be as it seems, […]

Evicting rioters: a brief note

As a number of Councils and Housing Associations in London, Manchester, Salford and Birmingham say that they intend to evict tenants involved in rioting (and Grant Shapps has jumped in to back them, as has David Cameron), we’ve been requested to take a quick look at the relevant grounds of Housing Acts 1985 and 1988 […]

And what kind of chocolate would you like your teapot?

The DCLG has put out a consultation, announced by Grant Shapps (again), on proposals to bring in a mandatory ground for possession for Anti Social Behaviour. The closing date is 27 October 2011. I had a look at Shapps’ initial announcement back in January. This time there is a bit more detail. Has it got […]

Back in the consulting room

R (Peat and others) v Hyndburn DC [2011] EWHC 1739 (Admin) is the first successful challenge to a selective licensing scheme. We’ve previously covered the permission hearings (here and here). It’s quite a fun judgment to read, if only for the absolute kicking that the authority get over their consultation exercise. Selective licensing is, in […]