Local Government Cases

Jasraj Sanghera represents the Council prosecuting for Environmental Offences

Case Summary Two Defendants were charged with various environmental offences. In essence, the first Defendant was charged with permitting the second Defendant to deposit and dispose of controlled waste on his land without an environmental permit. The second Defendant was charged with depositing and disposing that controlled waste. Result After Jasraj had discussions with the Continue reading

Successful fly-tipping prosecution

Paul acted for the District Council on a fly-tipping prosecution where the Defendant had charged a family member £10 to take some rubbish, including packaging material, to the Tip, but had then simply ‘dumped’ it. The Defendant was traced, via the family, because of an address label attached to some of the rubbish. Paul’s case Continue reading

Successful nuisance neighbour/anti-social behaviour possession claim

Paul acted for the local authority in a nuisance neighbour/anti-social behaviour possession claim. There had been a long history of issues between two neighbours resulting in repeated interventions and attendance by the Police and Local Authority and culminating in possession proceedings. The Claim was issued relying on several hundred allegations, based on a single neighbour’s Continue reading

Opposing an application for an injunction

Dean was instructed by a local authority to oppose an application for an injunction together with a claim for damages for breach of statutory duty and harassment following attempts by the local authority to enforce a court order. The claimant argued that the local authority had not complied with the correct procedure and that its Continue reading

Avoiding revocation of a premises licence

Paul acted for a Premises Licence holder who was resisting an application by Kent Police to revoke the Licence on the grounds of the sale of alcohol to a child (recorded on CCTV). The teenager was subsequently hospitalised as a result of the effects of drink and drugs. There had been a number of recent Continue reading

Expert legal advice to a licensing sub-committee

Paul acted as legal advisor to a licensing sub-committee considering an application for an alcohol licence for a fish and chip shop. The Applicant wished, as part of the application, to include within the area covered by the licence a section of the promenade on the opposite side of the road from the shop itself Continue reading

Acting for a Local Authority in a benefit fraud case

Paul acted for a Local Authority, prosecuting a long-running benefit fraud case involving overpayment of over £50,000 of Income Support, Housing benefit and Council Tax benefit/support over three-year period. It was alleged that the Defendant had deliberately and repeatedly failed to declare that she was living with her partner (later her husband, and the father Continue reading

Statutory Nuisance

Paul is representing a Local Authority being sued by a Limited Company for disability discrimination in connection with the service of a Notice to Abate a Statutory Nuisance under Section 80 of the Environmental Protection Act 1990 in respect of premises occupied by an individual with severe disabilities. The claim alleges ‘discrimination by association’ (see Continue reading

Suspended sentence for £20k benefit fraud

Paul successfully prosecuted a benefit fraudster who claimed housing benefit in the region of £20,000 over a two and half year period. The property concerned was in fact owned by the father of the claimant’s child (a fact she failed to declare!). The Defendant pleaded guilty and was given a 15 months suspended sentence, a Continue reading

Representing a local authority in licensing case

Paul acted for Thanet District Council on an appeal by Case Stated against the decision of the East Kent Magistrates acquitting a defendant of failing to comply with selective licensing requirements under the Housing Act 2004; the High Court overturned the Magistrates’ decision and remitted the case to the Magistrates to hear it again.

Successfully prosecuting multiple counts of fly-tipping

Paul successfully prosecuted a defendant charged with eight counts of fly-tipping in the Elmbridge district over the period of a year, in a case involving CCTV and telephone evidence. The Defendant was sent to prison for 44 weeks and ordered to pay the Council’s costs.

Possession claim involving a nuisance behaviour

Paul acted for the local authority in a possession claim arising from nuisance behaviour by a tenant. The tenant raised a defence involving Human Rights issues and referring to their considerable vulnerabilities (including mental health and pregnancy) and alleged that the local authority were, or should have been, aware of the tenant’s condition from the Continue reading

Defending an unlawful eviction claim

Dean acted for a local authority in a multi-track civil claim brought by tenants claiming unlawful eviction and damages in respect of items the tenants claimed had been lost and damaged as a result of the said eviction. Following a multi-day trial the Judge determined that the local authority had lawfully evicted the tenants and Continue reading

Housing benefit on an unoccupied property

Dean acted for a local authority in a case involving the prosecution of a defendant for benefit fraud on the basis that the Defendant had vacated the property yet continued to claim housing benefit. The defendant asserted that her circumstances fell within paragraph 7(13) of the Housing Benefit Regulations 2006.

Depositing controlled waste without a licence

Dean prosecuted a multi-day trial on behalf of a local authority in the Crown Court, in which it was alleged the defendant had knowingly caused the depositing of controlled waste without a licence on the basis that he had been the owner of the vehicle used when the waste was deposited.

Multi-day benefit fraud trial

Dean acted for a local authority in a multi-day benefit fraud trial in which it was alleged that the defendant had failed to notify the authority that she was living with her partner, thus affecting her entitlement to claim housing benefit and council tax support in an amount in excess of £10,000. The defendant called Continue reading

Local Authority injunction

Sophie recently appeared in the High Court instructed by a Local Authority in order to apply for a prohibitory injunction. The land in question was to be used as a residential site, meeting with much opposition from local residents. The application was made as a matter of emergency as individuals had already begun to move Continue reading

Prosecuting multiple Health and Safety and Licensing breaches

Melanie advised and represented the Claimant in a complex prosecution involving numerous licensing and health and safety issues relating to a single commercial food premises. This multi-faceted case which involved breaches of licensing conditions and numerous breaches of health and safety and food hygiene regulations, is currently adjourned indefinitely, the Respondent having absconded in the Continue reading

Contested secure tenancy hearing

Melanie represented the Claimant in a complex contested landlord and tenant hearing relating to a secure tenancy and involving serious mental health issues and anti-social behaviour. The Court found for the Claimant.

Resolving residents’ concerns with City centre opening hours

Melanie advised and assisted the Respondent in the settling of a complex licensing matter in which residents had raised objections to extended opening hours. Melanie’s mediation experience enabled her to negotiate an acceptable compromise which allayed residents’ concerns about potential increased levels of drunkenness and anti-social behaviour. The solution also allowed the Licensee to extend Continue reading

Possession order on local authority property

Holly was successful in securing a possession order on behalf of a local authority against a tenant who was found to have used weapons to attack the communal residence. As the tenant was schizophrenic, the case involved consideration of significant medical evidence regarding the tenant’s mental health and raised issues under the Equality Act 2010 Continue reading

Recovering possession of local authority property

Holly was successful in recovering possession of a property on behalf of a local authority in an anti-social behaviour housing matter. She was instructed from the pre-issue drafting stage through to final hearing and related injunctive and committal proceedings. Although Holly was part of a sizeable team on the local authority side of the case, Continue reading