‘A Practical Guide to Antisocial Behaviour Injunctions’ by Iain Wightwick
Publication due: June 2019
The control of nuisance and anti-social behaviour has become a focus of government interest over the last few decades. English law has taken large steps forward compared with many other jurisdictions. With good planning and preparation, many types of behaviour can now be controlled or prevented. The most recent statutory help comes from the Anti-social Behaviour, Crime and Policing Act 2014 (“the 2014 Act”).
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 (“ASBIs”). In a comprehensive, yet accessible format this guide aims to help the reader navigate some of the common challenges associated with the control of nuisance in publicly and privately-owned housing and elsewhere by the use of ‘ASBIs’.
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.
Introduction – Why do we need statutory help?
Chapter One – What is nuisance and annoyance and anti-social behaviour?
Chapter Two – How is nuisance controlled? Powers to grant injunctions and other remedies
Chapter Three – Gathering evidence
Chapter Four – Applications for injunctions
Chapter Five – Applications without notice
Chapter Six – Interim injunctions
Chapter Seven – Requirements included in injunctions
Chapter Eight – Powers of arrest
Chapter Nine – Arrest without warrant
Chapter Ten – Issue of arrest warrant
Chapter Eleven – Remands and Committal proceedings
Chapter Twelve – Variation or discharge of injunctions
Chapter Thirteen – Powers in respect of under-18s
Chapter Fourteen – Other remedies
Appendix A – Links to Prescribed Forms and Court Forms
Appendix B – Precedents