London Borough of Brent v Doughan [2007] EWCA Civ 135 (06 February 2007)

London Borough of Brent v Doughan [2007] EWCA Civ 135 (06 February 2007)

The judge was entitled to find that, although the tenant had caused nuisance on two occasions in 18 months, it was not reasonable to make a possession order, and the incidents did not justify committal for contempt to the criminal standard. The appellate court found no error in the exercise of discretion or application of statutory criteria.

Citation
[2007] EWCA Civ 135
Parties
Claimant/appellant: London Borough of Brent; Defendant/respondent: Christopher Doughan
Jurisdiction
England and Wales
Judgment Date
06 February 2007
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
appeal dismissed
Legal Topics
Anti Social Behaviour, Possession Proceedings, Injunctions, Committal for Contempt, Reasonableness of Possession Orders
Housing Law Civil Procedure Anti Social Behaviour Possession Proceedings Injunctions Committal for Contempt Reasonableness of Possession Orders

Case Brief

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Parties

London Borough of Brent

Claimant/appellant

Christopher Doughan

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether it was reasonable to make a possession order against the tenant for anti-social behaviour
  2. 2 Whether the tenant breached injunctions and was liable for committal for contempt
  3. 3 Whether the judge erred in not making or suspending a possession order

Ratio Decidendi

The judge was entitled to find that, although the tenant had caused nuisance on two occasions in 18 months, it was not reasonable to make a possession order, and the incidents did not justify committal for contempt to the criminal standard. The appellate court found no error in the exercise of discretion or application of statutory criteria.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Permission for committal applications refused