Leeds City Council v Fawcett [2008] EWCA Civ 597 (02 May 2008)

Leeds City Council v Fawcett [2008] EWCA Civ 597 (02 May 2008)

The Recorder correctly applied the statutory test of necessity and proportionality, considering all relevant factors, and was entitled to conclude that the exclusion zone (including Miss Nelson's home) was necessary to protect neighbours from further antisocial acts by Mr Fawcett. No error of law or principle was found.

Citation
[2008] EWCA Civ 597
Parties
Respondent/claimant: Leeds City Council; Appellant/defendant: David Fawcett
Jurisdiction
England and Wales
Judgment Date
02 May 2008
Procedural Posture
Appeal (civil) / Judgment on Appeal From Leeds County Court Regarding ASBO Order
Outcome
Appeal dismissed
Legal Topics
Anti Social Behaviour Orders (asbo), Proportionality, Necessity, Exclusion Zones, Article 8 ECHR, Appeals Procedure
Civil Law Public Law Human Rights Anti Social Behaviour Orders (asbo) Proportionality Necessity Exclusion Zones Article 8 ECHR +1 more

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Parties

Leeds City Council

Respondent/claimant

David Fawcett

Appellant/defendant

Procedural Posture

Appeal (civil) / Judgment on Appeal From Leeds County Court Regarding ASBO Order

Legal Issues

  1. 1 Whether the ASBO exclusion zone imposed on Mr Fawcett was necessary and proportionate under the Crime and Disorder Act 1998 and Article 8 ECHR
  2. 2 Whether the Recorder erred in refusing to allow Mr Fawcett access to Miss Nelson's home within the exclusion zone

Ratio Decidendi

The Recorder correctly applied the statutory test of necessity and proportionality, considering all relevant factors, and was entitled to conclude that the exclusion zone (including Miss Nelson's home) was necessary to protect neighbours from further antisocial acts by Mr Fawcett. No error of law or principle was found.

Court Disposition

Appeal dismissed

Orders

  • ASBO exclusion zone to be amended by consent to exclude certain areas (school, former employment) and to include a general prohibition on harassment as intended by the Recorder.