South Lanarkshire Council against Andrew Cunningham (Sheriff Court Civil) [2024] SCHAM 54 (05 November 2024)

South Lanarkshire Council against Andrew Cunningham (Sheriff Court Civil) [2024] SCHAM 54 (05 November 2024)

On the balance of probabilities, the defender engaged in antisocial behaviour towards neighbours and Council staff, including threatening and abusive conduct. An antisocial behaviour order is necessary for the protection of relevant persons, but only for a limited period and scope given the absence of further incidents since October 2023 and the defender's changed circumstances.

Citation
[2024] SCHAM 54
Parties
Pursuer: South Lanarkshire Council; Defender: Andrew Cunningham
Jurisdiction
Scotland
Judgment Date
05 November 2024
Procedural Posture
Summary Application for Antisocial Behaviour Order / Final Judgment After Proof
Outcome
Antisocial behaviour order granted for 3 months; interim order recalled; no expenses due to or by either party.
Legal Topics
Antisocial Behaviour Orders, Tenancy, Standard of Proof, Protection of Council Staff, Duration of Orders
Housing Law Local Government Law Civil Procedure Antisocial Behaviour Orders Tenancy Standard of Proof Protection of Council Staff Duration of Orders

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Parties

South Lanarkshire Council

Pursuer

Andrew Cunningham

Defender

Procedural Posture

Summary Application for Antisocial Behaviour Order / Final Judgment After Proof

Legal Issues

  1. 1 Whether the defender engaged in antisocial behaviour towards relevant persons
  2. 2 Whether an antisocial behaviour order is necessary for protection
  3. 3 Appropriate duration and scope of the order

Ratio Decidendi

On the balance of probabilities, the defender engaged in antisocial behaviour towards neighbours and Council staff, including threatening and abusive conduct. An antisocial behaviour order is necessary for the protection of relevant persons, but only for a limited period and scope given the absence of further incidents since October 2023 and the defender's changed circumstances.

Court Disposition

Antisocial behaviour order granted for 3 months; interim order recalled; no expenses due to or by either party.

Orders

  • Recalls the interim antisocial behaviour order pronounced on 6 December 2023.
  • Grants an antisocial behaviour order against the defender prohibiting shouting, swearing, banging, playing amplified sounds, or otherwise making noise audible outside the property; assaulting, verbally abusing, threatening, intimidating, or acting in a manner likely to cause fear, alarm, or annoyance to others...