Edinburgh v. Gibson [2006] ScotSC 27 (31 March 2006)

Edinburgh v. Gibson [2006] ScotSC 27 (31 March 2006)

No convincing reason was advanced to show that the interim ASBO would provide greater protection than the existing interim interdict; therefore, the necessity requirement under section 7 of the Act was not met and the Sheriff did not err in refusing the order.

Citation
[2006] ScotSC 27
Parties
Pursuer and Appellant: The City of Edinburgh Council; Defender and Respondent: Donald Alfred Gibson
Jurisdiction
Scotland
Judgment Date
31 March 2006
Procedural Posture
Civil Appeal / Appeal Against Refusal of Interim Antisocial Behaviour Order
Outcome
Appeal refused; Sheriff's decision refusing interim ASBO adhered to.
Legal Topics
Antisocial Behaviour Orders, Interim Relief, Necessity of Orders, Enforcement of Court Orders
Civil Procedure Public Order Antisocial Behaviour Orders Interim Relief Necessity of Orders Enforcement of Court Orders

Case Brief

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Parties

The City of Edinburgh Council

Pursuer and Appellant

Donald Alfred Gibson

Defender and Respondent

Procedural Posture

Civil Appeal / Appeal Against Refusal of Interim Antisocial Behaviour Order

Legal Issues

  1. 1 Whether an interim Antisocial Behaviour Order (ASBO) was necessary under section 7 of the Antisocial Behaviour etc. (Scotland) Act 2004 when an interim interdict was already in place
  2. 2 Whether the existence of an interim interdict precludes the granting of an interim ASBO
  3. 3 Whether making an interim ASBO would place the defender in double jeopardy

Ratio Decidendi

No convincing reason was advanced to show that the interim ASBO would provide greater protection than the existing interim interdict; therefore, the necessity requirement under section 7 of the Act was not met and the Sheriff did not err in refusing the order.

Court Disposition

Appeal refused; Sheriff's decision refusing interim ASBO adhered to.

Orders

  • Pursuers and appellants found liable to the defender and respondent in the expenses of the appeal; account remitted to Auditor of Court to tax and report.