header-logo header-logo

Fighting back

16 August 2007 / Robin Denford
Issue: 7286 / Categories: Features , Procedure & practice
printer mail-detail

Communities blighted by serious anti-social behaviour have a right to the respite offered by hearsay evidence, says Robin Denford

I was concerned by Chris Cuddihee’s article (see NLJ, 22 June 2007, pp 880–81) in relation to the critical stance taken by the Administrative Court in R (on the application of Cleary) v Highbury Corner Magistrates’ Court [2006] EWHC 1869 (Admin), [2007] 1 All ER 270 on the use of hearsay evidence in applications for crack house closures. Although the author raised some interesting points about the difficulties in proving matters in closure order applications—and by implication applications for anti-social behaviour orders (ASBOs) and other remedies—he failed to appreciate that the purpose of the legislation is not to punish but to protect. Hearsay evidence offers a rare respite to communities seriously affected by anti-social behaviour.

CRACK HOUSE CLOSURES

It is fully accepted that if the crack house closure is the first step towards proceedings for possession then not only does the magistrates’ court need to be satisfied that a closure order is necessary, but the county

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll