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17 September 2009
Categories: Case law , Law reports
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Injunction—County court—Jurisdiction

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,

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