Glasgow City Council v. Ferguson [2009] ScotSC 31 (22 May 2009)

Glasgow City Council v. Ferguson [2009] ScotSC 31 (22 May 2009)

The court found, on the balance of probabilities, that the defender engaged in a course of antisocial behaviour towards neighbours, causing alarm and distress, and that it was necessary to make an antisocial behaviour order to protect relevant persons from further such behaviour. The civil standard of proof applies to these proceedings.

Citation
[2009] ScotSC 31
Parties
Pursuer: Glasgow City Council; Defender: Dean Ferguson
Jurisdiction
Scotland
Judgment Date
22 May 2009
Procedural Posture
Summary Application / Final Judgment
Outcome
antisocial behaviour order granted
Legal Topics
Antisocial Behaviour Order, Standard of Proof, Nuisance, Housing Law
Civil Procedure Public Law Antisocial Behaviour Order Standard of Proof Nuisance Housing Law

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Parties

Glasgow City Council

Pursuer

Dean Ferguson

Defender

Procedural Posture

Summary Application / Final Judgment

Legal Issues

  1. 1 Whether the defender engaged in antisocial behaviour towards relevant persons under the Antisocial Behaviour (Scotland) Act 2004
  2. 2 Whether it is necessary to make an antisocial behaviour order to protect relevant persons from further antisocial behaviour by the defender
  3. 3 What standard of proof applies in antisocial behaviour order proceedings

Ratio Decidendi

The court found, on the balance of probabilities, that the defender engaged in a course of antisocial behaviour towards neighbours, causing alarm and distress, and that it was necessary to make an antisocial behaviour order to protect relevant persons from further such behaviour. The civil standard of proof applies to these proceedings.

Court Disposition

antisocial behaviour order granted

Orders

  • Antisocial behaviour order made against Dean Ferguson for six months from the date of judgment, expiring at midnight on 21 November 2009.
  • The order prohibits the defender from specified conduct including making excessive noise, threatening neighbours, and permitting visitors to engage in such behaviour at 2/3 789 Dumbarton Road, Glasgow and the common parts of the building.