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Asbo or injunction

Birmingham City Council v Shafi
[2008] EWCA Civ 1186

Summary

In most cases a local authority should seek to restrain anti-social behaviour by use of their anti-social behaviour powers under the Crime and Disorder Act 1998 (ASBOs) rather than under s222(1)(a) of the Local Government Act 1972 (injunctions).

More detail

A local authority had been wrong to apply for an injunction to restrain anti- social behaviour under the Local Government Act 1972. The Crime and Disorder Act 1998 had created a complete code to deal with anti-social behaviour and required evidence to be established on the criminal standard of proof. Even if it was appropriate in such cases to use the 1972 Act, the standard applied should be the criminal standard (Moore-Bick LJ dissenting on this point).

Comment

Where a local authority seeks an ASBI under the Housing Act 1996 and an ASBO would be available, should the standard of proof not also be on the criminal standard?

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