Re-entry and re-opening: updates from Legal Action

June’s Legal Action housing updates have a bumper collection of interesting county court cases, as you’ll already know. For our archives, this is the first of a couple of posts. This one deals with cases on post-eviction re-entry and on re-opening possession proceedings, including an LB Croydon case that very nearly merited a naughty step […]

Five go to Mornington Crescent

[aka Three out of the Five go ever so slightly bonkers on the way to Mornington Crescent, and one of those three gets lost on the way] On the Radio 4 show, I’m sorry I haven’t a clue, there is a game called Mornington Crescent, in which there are no rules and the outcome is irrelevant […]

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 (our note here) and successfully obtain an injunction under s.222, Local Government […]

‘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 proof, using the civil rules of evidence) […]

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 a gateway (b) defence in the higher courts (after Doherty itself and McGlynn).  There are […]

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 stare in mute bewilderment at what was behind the question… It is […]

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 3329 (Admin). When a Magistrates’ court makes a stand alone ASBO (s.1(1), Crime […]

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 borough of Pendle. With seven months of the ASBO still to run the family moved […]

Reasonable excuse

Only tangentially relevant to housing law, but R v Charles [2009] EWCA Crim 1570 is a decision of the Court of Appeal (Criminal Division) dealing with the question of burden of proof for a “reasonable excuse” defence when charged with breaching an ASBO. An ASBO can be imposed in one of three ways: by complaint […]

Unwelcome in the valleys

While we are in Wales and with thanks to the Garden Court housing bulletin, we report an Ombudsman’s decision Complaint against Cardiff CC 200702358 [pdf] Mr Davies and Miss Brown complained about Cardiff Council’s failure to deal with noise nuisance and threatening behaviour from Mr Williams over a period of some years. All parties were […]