London Borough Of Enfield v D B (A Minor) & Anor [1999] EWCA Civ 1982 (27 July 1999)

London Borough Of Enfield v D B (A Minor) & Anor [1999] EWCA Civ 1982 (27 July 1999)

Section 152 of the Housing Act 1996 does not permit injunctions to protect persons merely working in offices near residential premises unless there is a direct connection between their activity and the premises; the appeal is dismissed as the judge correctly found no jurisdiction under Section 152 in these circumstances.

Citation
[1999] EWCA Civ 1982
Parties
Claimant/appellant: The Mayor and Burgesses of the London Borough of Enfield; First Defendant/respondent: D. B. (A Minor); Second Defendant/respondent: W. B.
Jurisdiction
England and Wales
Judgment Date
27 July 1999
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
appeal dismissed
Legal Topics
Injunctions, Anti Social Behaviour, Statutory Interpretation, Powers of Arrest, Minors and Injunctions
Housing Law Civil Procedure Injunctions Anti Social Behaviour Statutory Interpretation Powers of Arrest Minors and Injunctions

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Parties

The Mayor and Burgesses of the London Borough of Enfield

Claimant/appellant

D. B. (A Minor)

First Defendant/respondent

W. B.

Second Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether Section 152 of the Housing Act 1996 permits injunctions against persons not directly connected to residential premises
  2. 2 Whether Section 152 applies to minors
  3. 3 Statutory interpretation of 'locality' and 'lawful activity' in Section 152

Ratio Decidendi

Section 152 of the Housing Act 1996 does not permit injunctions to protect persons merely working in offices near residential premises unless there is a direct connection between their activity and the premises; the appeal is dismissed as the judge correctly found no jurisdiction under Section 152 in these circumstances.

Court Disposition

appeal dismissed

Orders

  • costs of first and second respondents to be paid by appellant
  • application for permission to appeal to House of Lords refused