header-logo header-logo

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

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,

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll