Anti-social Behaviour
Since the early 1990s, Chambers has been at the forefront of the development of anti-social behaviour law. We work across England and Wales with local authorities, the police and other public bodies, and also with defence solicitors for people against whom court orders are sought. We provide comprehensive and practical advice, representation and training.
We have particular experience in the innovative use of civil injunctions, working extensively with public authorities to obtain (in addition to orders under the Anti-social Behaviour, Crime and Policing Act 2014) remedies such as:
- gang injunctions, where members appeared in the leading case of Birmingham CC v James [2013] EWCA Civ 552; [2014] 1 WLR 23, and have obtained orders in the county court against various organised crime groups, including 9 members of a drug-dealing and firearms gang which had split into factions, 6 members of another violent group, and the leaders of two other large gangs;
- section 222 injunctions against e.g. car cruisers, street drinkers and a suspected rapist of sex workers;
- injunctions against perpetrators of domestic violence; and
- injunctions to prevent child sexual exploitation.
Members are also regularly instructed in possession and nuisance proceedings, including on appeal. Recent examples include Greenwich LBC v Tuitt [2014] EWCA Civ 1669; [2015] HLR 10 (upholding an outright order); Birmingham CC v Ashton [2012] EWCA Civ 1557; [2013] HLR 8 (overturning the imposition of a suspended rather than outright order).
We routinely advise and appear for clients in relation to the availability and use of environmental remedies, premises closure, additional and selective licensing, public space protection, and the various other remedies now provided by the Anti-social Behaviour, Crime and Policing Act 2014. Chambers has for many years seconded junior tenants to the community safety legal team of a major city council, responded to government consultations on behalf of clients, and been asked to comment on draft legislation.
We are also able to advise on all of the preliminary issues necessary to putting together successful and cost-effective claims, including as to the choice of remedy, appropriate use of intelligence, hearsay and anonymous evidence, disclosure, witness protection, compliance with human rights and public sector equality duties, and the obtaining of interim orders with powers of arrest.
Chambers is equally committed to acting for individuals. Members regularly appear for defendants in ASB cases in all courts, including on appeal.
