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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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