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16 August 2007 / Robin Denford
Issue: 7286 / Categories: Features , Procedure & practice
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Fighting back

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

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
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