Court of Appeal gives notice on housing ASBOs
Jones, Ian
Court of Appeal gives notice on housing ASBOs - 2005 - New Law Journal 155 (7175) 6 May 2005, 686-687(2) .
Examines CA's guidance in "Moat Housing Group South Limited v Carl Harris and Susan Colette Hartless" ([2005] EWCA Civ 287, L129928) on exercising the new, extended anti-social behaviour powers under the Anti-social Behaviour Act 2003, inserting s153A-153E into the Housing Act 1996. In "Moat Housing Group" the claimants appealed against Anti-Social Behaviour Injunctions (ASBIs); a possession order; and Anti-Social Behaviour )Orders (ASBOs) obtained by the respondent registered social landlord. The CA allowed the appeal on the grounds that the ASBI under s153A of the 1996 Act which could oust the second appellant and her children from their home immediately, should not have been made on a without notice application and should have been restricted. Analyses CA's guidance in respect of intrusive without notice orders; powers of arrest on without notice injunction; the duration of injunction and powers of arrest; the admissibility of hearsay evidence; and the correct application of ASBOs and ASBIs.
MOAT HOUSING GROUP SOUTH LTD V CARL HARRIS AND SUSAN COLETTE HARTLESS
ANTI-SOCIAL BEHAVIOUR ACT 2003
HOUSING ACT 1996 S153A
ANTI-SOCIAL BEHAVIOUR ORDERS
ANTI-SOCIAL BEHAVIOUR INJUNCTIONS
Court of Appeal gives notice on housing ASBOs - 2005 - New Law Journal 155 (7175) 6 May 2005, 686-687(2) .
Examines CA's guidance in "Moat Housing Group South Limited v Carl Harris and Susan Colette Hartless" ([2005] EWCA Civ 287, L129928) on exercising the new, extended anti-social behaviour powers under the Anti-social Behaviour Act 2003, inserting s153A-153E into the Housing Act 1996. In "Moat Housing Group" the claimants appealed against Anti-Social Behaviour Injunctions (ASBIs); a possession order; and Anti-Social Behaviour )Orders (ASBOs) obtained by the respondent registered social landlord. The CA allowed the appeal on the grounds that the ASBI under s153A of the 1996 Act which could oust the second appellant and her children from their home immediately, should not have been made on a without notice application and should have been restricted. Analyses CA's guidance in respect of intrusive without notice orders; powers of arrest on without notice injunction; the duration of injunction and powers of arrest; the admissibility of hearsay evidence; and the correct application of ASBOs and ASBIs.
MOAT HOUSING GROUP SOUTH LTD V CARL HARRIS AND SUSAN COLETTE HARTLESS
ANTI-SOCIAL BEHAVIOUR ACT 2003
HOUSING ACT 1996 S153A
ANTI-SOCIAL BEHAVIOUR ORDERS
ANTI-SOCIAL BEHAVIOUR INJUNCTIONS