A noisy appeal

Curo Places Ltd v Walker [2018] EWHC 2462 (QB) This was Curo Places appeal of a Circuit Judge’s dismissal of its possession claim against Ms Walker. Ms W had a six year fixed term assured tenancy of a flat from Curo Places. Soon after the tenancy started, Ms W’s neighbour  in the downstairs flat began […]

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, […]

Mudslinging, evidence and possession of different kinds

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 […]

Proper Crimbo!*

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) […]

Who you gonna call?

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 […]

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) […]

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 […]

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 […]

What is "housing-related conduct?"

Swindon BC v Redpath [2009] EWCA Civ 943 By s.153A(1) Housing Act 1996, a variety of social landlords, including local housing authorities, may apply for an injunction to restrain a person from engaging in “housing-related” anti-social behaviour. That means conduct which directly or indirectly related to or affects the housing management functions of the landlord. […]