Skip to content
GT Stewart Solicitors Logo

020 8299 6000CONFIDENTIAL ENQUIRY

Secure Enquiry

Contact us and see how our team can help you

    • Home
    • Criminal Defence
      • Investigations
      • Extradition
      • Youth Crime
        • Children & Young persons in the Courts
        • Anti-social Behaviour, Crime & Policing Act 2014 – The Law
        • Criminal Behaviour Orders (CBOs) and Anti-Social Behaviour Injunctions (ASBIs)
      • Sexual Offences
      • Criminal Appeals
      • Motoring Offences
        • Careless Driving
        • Death by Dangerous Driving
        • Dangerous Driving
        • Drink Driving
        • Disqualification – Totting Up (12pts)
        • Driving whilst Disqualified
        • Driving whilst Impaired through Drugs
        • Driving without Insurance
        • Failing to Provide a Specimen
        • Parking Offences
        • Road Rage Offences
        • Speeding Offence
        • Using a Mobile Phone whilst Driving
      • Prison Law
    • Family Law
      • Domestic Abuse
      • Divorce & Seperation
      • Care Proceedings
      • Financial Claims
      • Cohabitation agreements
      • Pre Nuptual Agreements
      • Post Nuptual Agreements
      • Civil Partnerships
      • Adoption & Surrogacy
    • Protecting Your Rights
      • Action against the Police
      • Social Welfare
      • Mental Health
      • Court of Protection
      • Public Law
      • Education Law
    • Housing
      • Anti Social Behaviour
      • Homelessness
      • Disrepair
      • Defending Possession Claims
      • Landlord Advice
    • News & Media
    • UK Offices
      • Ashford
      • Birmingham
      • City of London
      • Croydon
      • Dartford
      • East Dulwich
      • Hammersmith
      • Leeds
      • Manchester
      • Peterborough
    • About us
      • Our People
      • Mission Statement
      • Testimonials and Feedback
      • Careers with us
      • Work experience & internships
      • Equality and Diversity
      • Privacy Policy
    • Contact us
      • Contact us
      • Submit feedback
      • Confidential Enquiry
      • Complaints Procedure
    • Home
    • Criminal Defence
      • Investigations
      • Extradition
      • Youth Crime
        • Children & Young persons in the Courts
        • Anti-social Behaviour, Crime & Policing Act 2014 – The Law
        • Criminal Behaviour Orders (CBOs) and Anti-Social Behaviour Injunctions (ASBIs)
      • Sexual Offences
      • Criminal Appeals
      • Motoring Offences
        • Careless Driving
        • Death by Dangerous Driving
        • Dangerous Driving
        • Drink Driving
        • Disqualification – Totting Up (12pts)
        • Driving whilst Disqualified
        • Driving whilst Impaired through Drugs
        • Driving without Insurance
        • Failing to Provide a Specimen
        • Parking Offences
        • Road Rage Offences
        • Speeding Offence
        • Using a Mobile Phone whilst Driving
      • Prison Law
    • Family Law
      • Domestic Abuse
      • Divorce & Seperation
      • Care Proceedings
      • Financial Claims
      • Cohabitation agreements
      • Pre Nuptual Agreements
      • Post Nuptual Agreements
      • Civil Partnerships
      • Adoption & Surrogacy
    • Protecting Your Rights
      • Action against the Police
      • Social Welfare
      • Mental Health
      • Court of Protection
      • Public Law
      • Education Law
    • Housing
      • Anti Social Behaviour
      • Homelessness
      • Disrepair
      • Defending Possession Claims
      • Landlord Advice
    • News & Media
    • UK Offices
      • Ashford
      • Birmingham
      • City of London
      • Croydon
      • Dartford
      • East Dulwich
      • Hammersmith
      • Leeds
      • Manchester
      • Peterborough
    • About us
      • Our People
      • Mission Statement
      • Testimonials and Feedback
      • Careers with us
      • Work experience & internships
      • Equality and Diversity
      • Privacy Policy
    • Contact us
      • Contact us
      • Submit feedback
      • Confidential Enquiry
      • Complaints Procedure
    Loading...
    • “From start to finish the crime legal team were outstanding”

      Criminal Defence Client

      What our clients say

    Home>Client can return home after injunction is set aside

    Client can return home after injunction is set aside

    An injunction had been obtained against our client by his council landlord under Anti-social Behaviour, Crime & Policing Act 2014. This injunction was obtained after serious allegations of threats of violence towards a neighbour which resulted in him being separately charged with public order offences. After a couple of months our client was again accused of threatening behaviour to the neighbour and visitors, and  the Council successfully applied to add an exclusion order to the injunction. The exclusion order prevented our client from living at his home . Committal proceedings were also started for these breaches.

    We were instructed by our client at this stage and he had not been represented since the start of the injunction proceedings.  Our client clearly suffered from mental health problems although he was not under the care of any mental team and had historically received little support. We applied to discharge/vary the injunction to allow him to return to his home on the basis that the Council had failed to comply with their own vulnerable tenant’s policy and they had breached the Public Sector Equality Duty. During proceedings our client also committed two breaches for which further committal proceedings were started; however these breaches only involved visiting his flat, once after a suspected burglary. During the injunction proceedings the Crown Prosecution Service dropped the criminal charges for the events that were the basis of the original injunction after assistance from our criminal team.

    Our client was originally rough sleeping as a result of the extended injunction, and although we helped him to secure temporary accommodation,  the stress he experienced contributed to a deterioration in mental health that resulted in the psychiatric expert concluding that our client had lost capacity to understand the injunction. The injunction was subsequently set aside following the judgement in Wookey v Wookey [1991] 3 WLR 135, and our client was no longer prevented from entering his home. The Council decided to not pursue the committal proceedings any further.

    By GT Stewart Admin|2021-01-14T10:16:31+00:00January 14th, 2021|Housing Law, News|

    Share this page!

    FacebookTwitterLinkedInWhatsAppEmail
    children law accredited logo
    criminal-litigation-accredited logo
    mental-health logo
    resolution-first-for-family-law logo
    lexcel-legal-practice-quality-mark logo
    GT Stewart Solicitors Logo

    © 2020 | GT Stewart Solicitors & Advocates

    GT Stewart Ltd | Registered office: 2a Melbourne Grove, East Dulwich, London, SE22 8PL | Registered no. 07529550
    Authorised and regulated by the Solicitors Regulation Authority no.633578 VAT no. 248707088

    Legal Website Development
    TwitterLinkedInFacebook
    Search
    GT Stewart Solicitors
    • Home
    • Criminal Defence
      • Investigations
      • Extradition
      • Youth Crime
        • Children & Young persons in the Courts
        • Anti-social Behaviour, Crime & Policing Act 2014 – The Law
        • Criminal Behaviour Orders (CBOs) and Anti-Social Behaviour Injunctions (ASBIs)
      • Sexual Offences
      • Criminal Appeals
      • Motoring Offences
        • Careless Driving
        • Death by Dangerous Driving
        • Dangerous Driving
        • Drink Driving
        • Disqualification – Totting Up (12pts)
        • Driving whilst Disqualified
        • Driving whilst Impaired through Drugs
        • Driving without Insurance
        • Failing to Provide a Specimen
        • Parking Offences
        • Road Rage Offences
        • Speeding Offence
        • Using a Mobile Phone whilst Driving
      • Prison Law
    • Family Law
      • Domestic Abuse
      • Divorce & Seperation
      • Care Proceedings
      • Financial Claims
      • Cohabitation agreements
      • Pre Nuptual Agreements
      • Post Nuptual Agreements
      • Civil Partnerships
      • Adoption & Surrogacy
    • Protecting Your Rights
      • Action against the Police
      • Social Welfare
      • Mental Health
      • Court of Protection
      • Public Law
      • Education Law
    • Housing
      • Anti Social Behaviour
      • Homelessness
      • Disrepair
      • Defending Possession Claims
      • Landlord Advice
    • News & Media
    • UK Offices
      • Ashford
      • Birmingham
      • City of London
      • Croydon
      • Dartford
      • East Dulwich
      • Hammersmith
      • Leeds
      • Manchester
      • Peterborough
    • About us
      • Our People
      • Mission Statement
      • Testimonials and Feedback
      • Careers with us
      • Work experience & internships
      • Equality and Diversity
      • Privacy Policy
    • Contact us
      • Contact us
      • Submit feedback
      • Confidential Enquiry
      • Complaints Procedure
    This website uses cookies and third party services. By continuing to use the site or clicking 'OK' you accept. OK