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Practical Tips for Anti-Social Behaviour Cases

Speaker: Nicholas Nicol
Chambers: One Pump Court

Nicholas Nicol is an experienced barrister, tribunal judge, mediator and legal trainer. He has represented clients in all venues, from tribunals to the Supreme Court. He specialises in housing, property, public and administrative law, human rights, community care and landlord and tenant.

In this presentation, Nicholas provides some up to date tips on managing anti-social behaviour cases. He begins by outlining types of anti-social behaviour that can lead to possession claims or injunctions under the Anti-Social Behaviour, Crime and Policing Act 2014. He then describes the objective to preserve a client’s home, before explaining the applicability of the Equality Act 2010. He also shares common errors made on these cases, and ends with a useful litigation strategy.

Key words/topics

  • Anti-Social Behaviour, Crime and Policing Act 2014
  • Noise nuisance
  • Hoarding
  • Violent or abusive behaviour towards neighbours
  • Exploitation by anti-social or criminal visitors to the premises, including ‘Cuckooing’
  • Avoid intentional homelessness
  • Equality Act 2010
  • Direct discrimination (s.13)
  • Disability discrimination (s.15)
  • Indirect Discrimination (s.19)
  • Failure to make reasonable adjustments (ss.20-21, 36 & Sch 4)
  • Discrimination in management of premises: s.35(1) & (3)
  • Harassment and victimisation (ss.26-27, s.35)
  • Public Sector Equality Duty (s.149)
  • Aster Communities Ltd v Akerman-Livingstone [2015] UKSC 15; [2015] AC 1399
  • London & Quadrant Housing Trust v Patrick [2019] EWHC 1263
  • Litigation Strategy