• CIVIL

England and Wales Court of Appeal (Civil Division) Decisions

Swindon Borough Council Vs. Michael Redpath

The primary issue in this appeal relates to the meaning of "housing-related conduct" in Section 153A(1) of the Housing Act, 1996. In effect, was there a sufficient nexus between the local authority and its ex-tenant in respect of his anti-social behaviour against victims in the neighbourhood where he used to live so as to justify, in jurisdictional terms, the local authority's continuing pursuit of a further anti-social behaviour injunction against its ex-tenant essentially because of his abuse of alcohol and his inability to refrain from making a nuisance of himself when in drink.

The legislature is very concerned about anti-social behaviour, and is keen to take steps, and to empower others to take steps, to discourage and prevent such behaviour. It would, of course, be wrong to interpret legislation such as section 153A of the 1996 Act in an artificially wide or impractical way or so as to be oppressive to those who are alleged to be behaving offensively: even if they are behaving offensively, such persons have rights as well. However, it would be at least equally wrong to interpret such legislation in a way which is artificially restrictive or which discourages or disempowers responsible and considerate landlords from taking proportionate steps in appropriate cases to protect their tenants, who will normally have very limited resources and limited access to legal advice, and indeed who will often be scared of taking action, from abusive behaviour.

• HUMAN RIGHTS

European Court of Human Rights

Yevdokimov Vs. Russia

Claim for compensation under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms on grounds of undue delay in trial - Whether the there is a violation of Article 5(1) of the Convention and the declared application is admissible.

Article 22 of the Constitution of the Russian Federation provides that everyone shall have the right to freedom and personal inviolability. Arrest, detention and keeping in custody shall be permissible only under a Court Order. A person may not be detained for more than 48 hours without a Court Order. In accordance with Article 408(3) of the Code of Criminal Procedure of the Russian Federation a supervisory review ruling under which a convicted person shall be subject to release from custody shall be executed to that extent immediately, if the convicted person is attending the supervisory review proceedings. The Court held that the applicant suffered distress and frustration as a result of the delay in his release and that the non-pecuniary damage sustained would not sufficiently be compensated for by the finding of a violation of the Convention. However, the Court ruled that the amount claimed by the applicant was excessive. Making its assessment on an equitable basis, it awarded the applicant EUR 300 under this head, plus any tax that may be chargeable on that amount.