Glasgow Housing Association v O'Donnell [2004] ScotSC 56 (24 August 2004)

Glasgow Housing Association v O'Donnell [2004] ScotSC 56 (24 August 2004)

The pursuers' averments, if proved, could amount to anti-social conduct, but on the material before the court, including sharply divergent accounts and no recent incidents, the necessity for an interim order was not established. The statutory test of necessity is a high one and was not met in this case.

Citation
[2004] ScotSC 56
Parties
Pursuer: The Glasgow Housing Association Ltd; Defender: John O'Donnell
Jurisdiction
Scotland
Judgment Date
24 August 2004
Procedural Posture
Summary Application for Interim Anti Social Behaviour Order / Interim Order Application
Outcome
interim order refused
Legal Topics
Anti Social Behaviour Orders, Interim Relief, Necessity Test, Judicial Discretion
Civil Procedure Housing Law Public Order Anti Social Behaviour Orders Interim Relief Necessity Test Judicial Discretion

Case Brief

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Parties

The Glasgow Housing Association Ltd

Pursuer

John O'Donnell

Defender

Procedural Posture

Summary Application for Interim Anti Social Behaviour Order / Interim Order Application

Legal Issues

  1. 1 Whether the statutory test for granting an interim anti-social behaviour order under Section 19(2A) of the Crime and Disorder Act 1998 is met
  2. 2 Whether the conduct averred, if proved, would amount to anti-social behaviour
  3. 3 Whether it is necessary to grant an interim order for the protection of relevant persons

Ratio Decidendi

The pursuers' averments, if proved, could amount to anti-social conduct, but on the material before the court, including sharply divergent accounts and no recent incidents, the necessity for an interim order was not established. The statutory test of necessity is a high one and was not met in this case.

Court Disposition

interim order refused

Orders

  • Further hearing to be fixed to deal with expenses and determine further procedure.