000 01772cab a2200241 4500
001 L129929
008 050606n2005 000 0 eng u
035 _a(Sirsi) u129929
041 _aeng
100 _aJones, Ian
245 _aCourt of Appeal gives notice on housing ASBOs
260 _c2005
490 _aNew Law Journal
_v155 (7175) 6 May 2005, 686-687(2)
520 _aExamines 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.
590 _aIKA070605
650 _aMOAT HOUSING GROUP SOUTH LTD V CARL HARRIS AND SUSAN COLETTE HARTLESS
650 _aANTI-SOCIAL BEHAVIOUR ACT 2003
650 _aHOUSING ACT 1996 S153A
650 _aANTI-SOCIAL BEHAVIOUR ORDERS
650 _aANTI-SOCIAL BEHAVIOUR INJUNCTIONS
690 _aPROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT
942 _n0
999 _c75353
_d75353