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21 June 2007 / Chris Cuddihee
Issue: 7278 / Categories: Features , Procedure & practice
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Fighting back

Post Cleary, defendants are in a stronger position to challenge anonymous hearsay evidence. Chris Cuddihee explains why

The routine use of hearsay evidence in applications for anti-social behaviour orders (ASBOs) has been addressed by the Divisional Court in R (on the application of Cleary) v Highbury Corner Magistrates’ Court [2006] EWHC 1869 (Admin), [2007] 1 All ER 270. This decision was made in connection with a closure order sought by the Metropolitan Police in accordance with the Anti-social Behaviour Act 2003 (ABA 2003). The decision is likely to apply to all similar forms of civil restraint order, such as ASBOs, foreign travel orders or sex offender prevention orders.

Under ABA 2003, s 2(3), when considering an application for a closure order a magistrates’ court must consider a slightly different test. The court may make a closure order “if and only if it is satisfied” that the premises are:
(i) associated with the use, production or supply of class A drugs;
(ii) associated with serious nuisance or disorder; and
(iii) that a closure order is necessary.

Carol Cleary was a tenant

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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