by Iain Wightwick

£59.99

Published: July 2023

The control of nuisance and anti-social behaviour has continued to be a focus of government interest over the last few decades. English law has taken large steps forward in ASB control compared with many other jurisdictions. With good planning and preparation, many types of behaviour can now be reduced or prevented. The most recent statutory support for victims comes from the Anti-social Behaviour, Crime and Policing Act 2014 (“the 2014 Act”) and this book is about getting injunctions under that Act (“ASBIs”). Since the Act came into force ASBIs have continued to offer a useful tool in the management of disagreeable conduct in society. The government is about to introduce a Pre-Action Protocol which applicants must follow. It may complicate some claims, and care will be needed to comply with its provisions.

This guide provides legal practitioners, social landlords, the police, tenants and their advisors with a practical guide to the current law governing the control of anti-social behaviour in England and Wales using Injunctions made under the 2014 Act. In a comprehensive, yet accessible, format it aims to help the reader navigate some of the common challenges associated with the control of nuisance by the use of ‘ASBIs’, both in publicly and privately-owned housing and elsewhere.

ABOUT THE AUTHOR

Iain Wightwick is a barrister at Unity Street Chambers in Bristol. He is a specialist property lawyer, with particular interest in landlord and tenant issues and in general work, especially social housing with a focus on neighbour nuisance and related anti-social behaviour matters (‘neighbours from hell’), housing disrepair, homelessness, general social and private sector housing law. As part of his caseload, he is often instructed to pursue claims for ASBIs and for ASB-related possession and is occasionally briefed on behalf of defendants. Many of the disputes include consideration of issues relating to disabilities and to the Equality Act. He has thirty years’ experience of acting for social landlords and tenants and a reputation for creative, cost-controlling approaches to litigation and to alternative dispute resolution.

CONTENTS

• Introduction – Why Statutory Help Is Necessary to Control Nuisance
• Chapter One – ‘Passing Go’ – The Basics (Including Gas Injunctions) and the New Protocol
• Chapter Two – Satisfying the Threshold Tests
• Chapter Three – Is It ‘Just and Convenient’?
• Chapter Four – Gathering Evidence
• Chapter Five – Applications for Injunctions
• Chapter Six – Prohibitions and Requirements
• Chapter Seven – Interim Injunctions
• Chapter Eight – Interim Hearings
• Chapter Nine – Applications Without Notice
• Chapter Ten – The Final Hearing
• Chapter Eleven – Breaches – Arrest Without Warrant and Contempt Applications
• Chapter Twelve – Issue of Arrest Warrants
• Chapter Thirteen – Preparation for Committals, First Hearings and Remands
• Chapter Fourteen – Committal Hearings and Sentencing
• Chapter Fifteen – Variation and Discharge
• Chapter Sixteen – Other Remedies
• Precedents