ASB

Landlord liability for nuisance

The extent to which a landlord can be liable for the acts of his tenants is a vexed topic, which we've discussed on a number of occasions before. The cases rather lean against liability. It is, therefore, very interesting to find Mackay J allowing...

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Birmingham v’s the boy racers

Birmingham City Council v Persons Unknown - 0BM70352 (noted by way of Arden Chambers Eflash) is a successful attempt by a local authority to distinguish the decision in Birmingham CC v Shafi [2008] EWCA Civ 1186; [2009] 1 WLR 1961; [2009] HLR 25...

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‘Ard en fast rule*

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...

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Trigger happy?

In Barber v Croydon LBC [2010] EWCA Civ 51, the Court of Appeal found Croydon's decision to pursue possession proceedings of a non-secure tenancy occupied by Mr Barber Wednesbury unreasonable, being by my estimation the third such successful use of...

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It's a confused world out there…

And for the new year, it seems an opportune moment to delve into the Nearly Legal search logs in a vaguely quixotic attempt to provide answers to some of the questions that brought people here. Alternatively, where this is not possible, we can...

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How late did you leave it?

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...

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ASBO in absentia

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...

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