Civil Injunctions and Mandatory Possession Grounds. The Anti-social Behaviour, Crime and Policing Ac
In addition to introducing simpler, more effective powers for the courts to tackle anti-social behaviour and providing a better level of protection for victims and communities against such behaviour, The Anti-Social Behaviour, Crime and Policing Act 2014 (the Act) ('ASBCPL') created new mandatory grounds for possession for secure and assured tenancies on the basis of anti-social behaviour. Part 5, sections 94 to 100 of the ASBCPL now make it mandatory for a court to grant a possession order where one of five anti-social behaviour conditions is met. Those conditions relate to the anti-social behaviour of either the tenant, a member of the tenant's household or a visitor of the tenant. The
In the words of the great man, Where Are We Now? [1] It is around two years since the implementation of the reforms to the CPR researched, suggested, marshalled and implemented by Sir Rupert Jackson. The thrust of these reforms is that justice is no longer the central feature or objective of our civil justice system. It remains a central feature, but only in the context of proportionality. What does proportionality mean? We are not sure yet, but that is undoubtedly the subject of a future article. However one of the manifestations of Jackson’s thinking, if not one of the clearer, was his doing away with an old friend to civil litigators, a ‘checklist’ of criteria which the Court wo
Deathbed Gifts – Donatio Mortis Causa and Real Property A will needs to be in writing, and a will needs to be witnessed by two people. That is plain from section 9 of theWills Act 1837. Absent these two essential characteristics a will is not effective and property will pass under either a pre-existing will or alternatively under the rules of intestacy. Donatio mortis causa (“DMC”) demonstrates that there is an exception to this. DMC is an old equitable doctrine that a gift made in contemplation of death to take effect of the death of the donor is effective notwithstanding the fact that the gift does not comply with the Wills Act or, in the case law pre-dating the Wills Act, the St
