Section: Antisocial Behaviour

Period of conduct in ASB injunctions

Posted 05.01.17
Anthony Collins Solicitors: Article link

The High Court has recently made a decision which interprets the 6 month rule concerning what conduct can be taken into account to obtain an ASB injunction.

Section 21 (7) of the Act states that:

"In deciding whether to grant an injunction under section 1, a court may take account of conduct occurring up to six months before the commencement day."

The commencement day for Part 1 of the Act is 23 March 2015, so six months before this is 23 September 2014.

In Birmingham County Council v Pardoe, the High Court found that, as long as it was proved that the Defendant had engaged in antisocial behaviour after 23 September 2014, evidence of conduct prior to 23 September 2014 could still be taken into account when deciding whether or not it is just and convenient to grant an injunction.

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Reporting on January 2017

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