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England and Wales decisions
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Appellant's presence as a passenger constituted participation in breach of the injunction, he had actual and constructive knowledge of the injunction, and the costs order and suspended committal were appropriate; no procedural irregularity or unfairness occurred.
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Bassetlaw District Council v Downes [2026] EWCC 4 (19 January 2026)
The court committed Mr Downes to prison for 28 days after admitted breaches of an anti-social behaviour injunction and a suspended committal order.
Merlin Housing Society v Miles [2026] EWCC 3 (16 January 2026)
The court sentenced Kelly Miles for repeated breaches of an anti-social behaviour injunction, imposing 82 days’ immediate imprisonment and extending the injunction.
The District Judge erred in law by discharging the anti-social behaviour injunction without an application from a party, by failing to apply the statutory test for anti-social behaviour, and by not considering whether the injunction could be varied rather than discharged. The statutory definition of anti-social behaviour does not distinguish between 'passive' and 'aggressive' begging; the test is whether the conduct causes or is likely to cause harassment, alarm or distress. The appeal is allowed on all grounds.
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Swindon Borough Council v Abrook (Rev1) [2024] EWCA Civ 230 (08 March 2024)
The Court of Appeal held that passive begging is not automatically outside anti-social behaviour law and allowed the council’s appeal, restoring the injunction for reconsideration.
The High Court refused to strike out a human rights damages claim against the Lord Chancellor, holding it was not a clear abuse of process to proceed without appeal.
Court of Appeal guidance on sentencing for breach of ASBIs under the 2014 Act, holding criminal sentencing guidelines are not directly applicable in civil contempt.
The London Borough of Hackney v Grant& Ors [2021] EWHC 2548 (QB) (22 September 2021)
The High Court refused Hackney’s bid for a final anti-social behaviour injunction against protest encampment defendants, finding no real and imminent risk of repeat conduct in Hackney.
The London Borough of Hackney v Grant& Ors [2021] EWHC 2548 (QB) (22 September 2021)
The High Court refused Hackney's bid for a final injunction against protest encampment defendants, finding no sufficient real and imminent risk of recurrence in the borough.
Molloy v BPHA Limited [2021] EWCA Civ 1035 (09 July 2021)
The Court of Appeal dismissed an appeal against findings of breach of an anti-social behaviour injunction and upheld an extended order restricting abusive conduct in communal areas.
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