Online Seminar via Zoom
Resisting anti-social behaviour injunctions: from the basics to discontinuance and committal
Thursday 14 October 2021 | 18:00 - 19:00
Anti-social behaviour injunctions (ASBIs) were prioritised by HMCTS during the pandemic and, with a stay on possession proceedings in place, many landlords sought to use ASBIs as an alternative means of managing tenants. Many facing ASBIs are vulnerable and/or have undiagnosed mental health conditions raising complex issues of capacity and potential discrimination defences. Without adequate representation, vulnerable individuals can face jail by way of committal proceedings. The combination of overlapping civil procedure and quasi-criminal committal proceedings can prove challenging for practitioners.
Marie Paris, Alice Irving and Donnchadh Greene will provide an overview of the law relating to anti-social behaviour injunctions including the basics, expert reports, disability and the Equality Act 2010 as well as committal proceedings, discontinuance and costs. Jim Shepherd will chair the event.
The event will be accessible for newcomers to anti-social behaviour injunctions, as well as of use to more experienced practitioners.
There will be live auto-transcription enabled throughout this event and it will be recorded. All guests will have their cameras and microphones turned off automatically for this event. Exclusionary language will not be accepted.
The audio transcript will be made available on request.
Unfortunately, we will be unable to provide a BSL interpreter for this event.
Please let us know if you would like to engage in a confidential conversation regarding this or if you have any other accessibility requirements at: firstname.lastname@example.org.
Slides can be accessed here.
For further guidance on full and frank disclosure, see: https://nearlylegal.co.uk/2021/07/not-so-full-and-frank-disclosure/
The importance of the duty to make full and frank disclosure in the context of applications for civil injunctions under the ASBCPA 2014 is underlined in the report of the Civil Justice Council on Anti-Social Behaviour and the Civil Courts (July 2020) at paras 159, 165-166:
‘The Working Party is concerned that the procedural requirements for obtaining an order without notice are not being enforced with sufficient rigour by some judges…
In conclusion on this issue, an applicant should consider the following matters… before making an application without notice… Has full and frank disclosure been given the court of all matters of fact and law that are material to the application?’