R (Longato) v Camberwell Green Magistrates’ Court – WLR Daily

Posted March 24th, 2009 in ASBOs, law reports, magistrates by sally

R (Longato) v Camberwell Green Magistrates’ Court [2009] WLR (D) 104

The statutory procedure for an application to extend a closure order, set out in s 5(3) of the Anti-social Behaviour Act 2003, which provided that within a reasonable time before the hearing of an application a summons might be issued by a justice of the peace to the former occupier of the premises, did not oust or modify the general procedural requirements of the Magistrates’ Courts Act 1980 or r 99 of the Magistrates’ Courts Rules 1981; if the court failed to issue and serve the summons in the manner prescribed, its ability to hear the complaint was fettered.”

WLR Daily, 23rd March 2009

Source: www.lawreports.co.uk

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