The Highland Council v. ADewar [2007] ScotSC 25 (13 June 2007)

The Highland Council v. ADewar [2007] ScotSC 25 (13 June 2007)

The statutory conditions for an antisocial behaviour order are satisfied, but the pursuers failed to justify the necessity of a three-year duration or the breadth of the third prohibition. Only prohibitions 1 and 2 are granted, and only for six months, as this period is sufficient to test the defender's willingness to desist from antisocial behaviour.

Citation
[2007] ScotSC 25
Parties
Pursuer: The Highland Council; Defender: Alan Michael Dewar
Jurisdiction
Scotland
Judgment Date
13 June 2007
Procedural Posture
Summary Application Under the Antisocial Behaviour Etc (scotland) Act 2004 / Final Order Hearing After Interim Order
Outcome
Application granted in part and refused in part
Legal Topics
Antisocial Behaviour Orders, Local Authority Powers, Youth Justice, Restrictive Orders
Civil Law Public Law Antisocial Behaviour Orders Local Authority Powers Youth Justice Restrictive Orders

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Parties

The Highland Council

Pursuer

Alan Michael Dewar

Defender

Procedural Posture

Summary Application Under the Antisocial Behaviour Etc (scotland) Act 2004 / Final Order Hearing After Interim Order

Legal Issues

  1. 1 Whether the statutory conditions for an antisocial behaviour order are met
  2. 2 Whether the prohibitions sought are necessary for the protection of relevant persons
  3. 3 Appropriate duration and scope of prohibitions under the order

Ratio Decidendi

The statutory conditions for an antisocial behaviour order are satisfied, but the pursuers failed to justify the necessity of a three-year duration or the breadth of the third prohibition. Only prohibitions 1 and 2 are granted, and only for six months, as this period is sufficient to test the defender's willingness to desist from antisocial behaviour.

Court Disposition

Application granted in part and refused in part

Orders

  • Antisocial behaviour order granted for six months prohibiting the defender from leaving 43 Carnarc Crescent and its garden between 7pm and 7am daily and from generating excessive noise at that address.
  • Application for prohibition on entering the delineated area of South Kessock refused.