Moat Housing Group South Limited v Carl Harris and Susan Colette Hartless (Record no. 75352)

MARC details
000 -LEADER
fixed length control field 02197cab a2200229 4500
001 - CONTROL NUMBER
control field L129928
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 050606n2005 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u129928
041 ## - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 ## - TITLE STATEMENT
Title Moat Housing Group South Limited v Carl Harris and Susan Colette Hartless
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2005
520 ## - SUMMARY, ETC.
Summary, etc. [2005] EWCA Civ 287, 23 February 2005. Considers whether an Anti-Social Behaviour Injunction (ASBI) under the Housing Act 1996 s153A should have been made on a without notice application and whether the extent of the injunction should have been restricted. Appeal by appellants (H1) and (H2) against ASBIs, a possession order and Anti-Social Behaviour Orders (ASBOs) obtained by the respondent registered social landlord (M). M had applied for an ASBI without notice to oust H2 and her children immediately from her house immediately and to exclude H1, the children's father, and H2 from the area. The judge granted the injunction with a six-months power of arrest; made a possession order against H2 for alleged breaches of her tenancy agreement; and ASBOs against H1 and H2. "Held": appeal allowed. The without notice order against H2 and her children was intrusive and excessive. It was neither necessary nor proportionate to the harm sought to be avoided to make an ouster order or exclusion order without notice. The injunction should have been restricted to what was judged necessary to protect prospective witnesses and to restrain acts of nuisance. The possession order was reasonable but should be suspended. The four-year ASBOs should be set aside as completely inappropriate and injunctions substituted to control the conduct of the appellants and their children.
590 ## - LOCAL NOTE (RLIN)
Local note IKA070605
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MOAT HOUSING GROUP SOUTH LTD V CARL HARRIS AND SUSAN COLETTE HARTLESS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ANTI-SOCIAL BEHAVIOUR ACT 2003
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HOUSING ACT 1996 S153A
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ANTI-SOCIAL BEHAVIOUR ORDERS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ANTI-SOCIAL BEHAVIOUR INJUNCTIONS
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2005/287.html">https://www.bailii.org/ew/cases/EWCA/Civ/2005/287.html</a>
Public note View the decision free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 06/06/2005   L129928 129928-1001 06/08/2019 1 06/08/2019 Law report