header-logo header-logo

Injunction—County court—Jurisdiction

17 September 2009
Categories: Case law , Law reports
printer mail-detail

Swindon Borough Council v Redpath [2009] EWCA Civ 943

Court of Appeal, Civil Division, Rix LJ, Lord Neuberger and Carnwath LJ, 11 Sep 2009

The phrase “housing-related” in s 153A of the Housing Act 1996 (HA 1996) should receive a broad, not narrow construction.

There is nothing in the section that requires the subject of an anti-social behaviour injunction to be a tenant of the local authority seeking the injunction; the authority’s housing management functions easily embrace its sense of responsibility to continuing tenants and owner-occupiers for the conduct of former tenants.

Andrew Arden QC and Andrew Dymond (instructed by Swindon Borough Council) for the claimant authority. Jan Luba QC and Yinka Adedeji (instructed by Shearer & Co) for the defendant.

The appellant was made the subject of an anti-social behaviour injunction (ASBI) by the respondent local authority, due to a sustained campaign of harassment by him against his neighbours. The campaign continued despite the appellant being evicted from his local authority property, and a further ASBI was granted against him. That too failed to halt his harassment,

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

Druces LLP—Daniel Lloyd

Druces LLP—Daniel Lloyd

Corporate and commercial team welcomes technology specialist as partner

Birketts—Michael Conway

Birketts—Michael Conway

IP partner joins team in Bristol to lead branding and trade marks practice

Spector Constant & Williams—Anna Christou

Spector Constant & Williams—Anna Christou

Real estate finance practice announces partner appointment

NEWS
The extension of fixed recoverable costs (FRC) from low-value personal injury to most civil cases worth up to £100,000 ‘is failing to deliver what it promised’, the Law Society has warned
Bar campaigns will focus on protecting juries, legal aid and children’s rights in the year ahead with a working group already looking into the age of criminal responsibility, chair Kirsty Brimelow KC has said
Richard Orpin has been appointed chief executive officer (CEO) of the Legal Services Board (LSB), which oversees all nine legal regulators
Workers will be given day-one rights to parental leave in April, the government has confirmed
Lord Sales has become deputy president, and Lord Doherty a justice, at the Supreme Court. Both were sworn in this week at a ceremony conducted by the court’s president Lord Reed in Courtroom One
back-to-top-scroll