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Date: November 22, 2024 Fri
Time: 11:46 am
Time: 11:46 am
Results for civil remedies
3 results foundAuthor: Atkinson, Roland Title: The Use of Civil Legal Remedies for Neighbour Nuisance in Scotland Summary: The vast majority of complaints to social landlords of anti-social behaviour are successfully resolved by housing management action. However, there is little use of mediation as an alternative to legal remedies. Except where there were convictions for drug-dealing, cases were only taken to court where the offending behaviour continued, despite repeated warnings from the landlord. However, in a number of cases the tenants could be regarded as vulnerable due to mental health, serious alcohol abuse and 'out of control' children. This raises concerns that eviction action was not the most appropriate response to the problem. The way complaints are managed is crucial both to the successful use of legal remedies, and the prospects of resolving complaints without going to court. In that regard there was considerable variation in the nature and effectiveness of links between housing staff and other agencies and/or departments. Eviction is by far the commonest legal remedy used against anti-social behaviour, but there are substantial variations in the extent to which it is used by social landlords. Most eviction summonses result either in eviction or other outcomes which are acceptable to the landlord. The substantive law on eviction already covers all situations in which landlords might reasonably seek to evict. The most important obstacle is the difficulty of proving allegations stemming from the reluctance of potential witnesses to give evidence. Delay is a serious problem. However, there is considerable scope for reducing the extent of delay in eviction actions through changes in practice in both landlords and the courts. Interdict is much less commonly used than eviction as a remedy for anti-social behaviour, and misperceptions of its scope were not uncommon. However, landlords are almost invariably successful in obtaining interdict and find it a speedy remedy, except where there are proceedings for breach of interdict. There is some cause for concern over the appropriateness of the outcomes in both eviction and interdict cases in the courts, given the high proportion of cases in which the defender does not attend or is not represented. Other remedies (specific implement, title conditions, by-laws) are little used. Landlords were not convinced that anti-social behaviour orders will make a substantial contribution to dealing with anti-social behaviour. This research was commissioned by the Scottish Courts Administration (now Civil Justice and International Division, Courts Group, Justice Department) in response to a recommendation of the Scottish Affairs Select Committee, which called for research into delay in eviction cases, and the effectiveness of other legal remedies to deal with anti-social behaviour. The aims of the research were to: · to establish the extent to which, and the way in which, the available legal remedies are used to deal with anti-social behaviour and neighbour disputes; · to establish how effective the legal remedies are in practice · to establish the extent to which particular factors contribute to the ineffectiveness (or effectiveness) of the legal process · to assess how existing processes might be used or managed differently, and consider the need (if any) for reform of law and/or practice of parties and/or courts; · and to analyse the economic costs associated with the legal process. Details: Edinburgh: Scottish Executive Central Research Unit, 2000. 257p. Source: Internet Resource: Accessed February 21, 2011 at: http://www.scie-socialcareonline.org.uk/repository/fulltext/nuisance.pdf Year: 2000 Country: United Kingdom URL: http://www.scie-socialcareonline.org.uk/repository/fulltext/nuisance.pdf Shelf Number: 120836 Keywords: Antisocial Behavior (U.K.)Civil RemediesNuisance Behaviors and Disorder |
Author: Liberty Asia Title: Civil Remedies: Justice for Victims of Trafficking in Hong Kong Summary: - Victims of trafficking do not have a civil right of action against their traffickers for damages for the act of trafficking itself. However, there are a number of other potential civil claims that may be relevant in the circumstances of trafficking, depending on the facts of each individual's case. These include tortious claims such as trespass to the person, sexual harassment claims and employment law claims. - Overarching charters and the Basic Law of Hong Kong seek to protect basic civil rights, but these laws and charters do not of themselves provide an avenue for a civil claim. - Tortious claims are likely to apply to many trafficking situations. Even if the person against whom damages are claimed may not have sufficient resources to be in a position to pay a significant award of damages, the publicity and deterrent effect of bringing test cases in the Hong Kong Courts are likely to have value. - Employment tribunals are unlikely to offer an effective remedy for victims who are not legally employed. - There are other possible avenues of compensation for victims of crime including the Criminal and Law Enforcement Injuries Compensation Scheme, although there are a number of eligibility criteria to fulfil before access to this scheme can be gained. Details: Liberty Asia; New York: Hogan Lovells, 2014. 53p. Source: Internet Resource: Accessed January 23, 2015 at: http://static1.squarespace.com/static/53038dd2e4b0f8636b5fa8c3/t/5436213de4b040d26af83286/1412833597832/1153819v4-Liberty+Asia+-+civil+remedies-HKGLIB01-1.pdf Year: 2014 Country: Hong Kong URL: http://static1.squarespace.com/static/53038dd2e4b0f8636b5fa8c3/t/5436213de4b040d26af83286/1412833597832/1153819v4-Liberty+Asia+-+civil+remedies-HKGLIB01-1.pdf Shelf Number: 134441 Keywords: Civil RemediesHuman Trafficking (Hong Kong)Victim CompensationVictims of Trafficking |
Author: Smith, Martha J. Title: Using Civil Actions Against Property to Control Crime Problems Summary: This guide addresses the use of civil remedies to control and prevent crime and disorder occurring at real-property locations, such as individual addresses or geographical areas. In general, the focus of the enforcement is not usually the potential offender, but rather someone who has control over property that has been, or might be, used in the commission of a crime. The civil remedy may be used in place of-or often in tandem with - criminal penalties as a coercive incentive for the person (or business) who is the focus of the potential remedy to do (or refrain from doing) a particular thing. Focusing on the underlying crime opportunities provided at a particular place helps to limit the frustrations involved in revolving-door policing (i.e., offense commission, calls for service, arrest, conviction on a minor charge, release, and repeat). This guide provides general explanations about the types of civil remedies that you can use to address crime at particular places and points out a number of issues you should consider before using these remedies. Examples of placed-focused civil remedies are set out in the main text, and in Appendixes C and D. These remedies can be used to control a variety of crime opportunities focused on places, depending on the particular type of civil remedy used and the language set out in the legal regulations themselves, which differ across jurisdictions. While a number of different types of crime problems that can benefit from the use of civil remedies are mentioned in this guide, two types of crime-and-place problems have been highlighted - drug-related crime in housing (particularly government-run or supported housing) and alcohol-related crime and disorder in and around licensed premises (i.e., bars, pubs, and clubs). Appendixes C and D summarize some of the key features of prevention schemes addressing these two crime problems, providing examples of situations in which they have been used both successfully and unsuccessfully. Historically, these problem places have been the focus of close government regulation, and the prevention schemes set out here reflect the use of existing statutory powers as well as the development of new regulatory mechanisms. Many, but not all of these, used the SARA approach of problem-oriented policing to frame the steps taken to address the problems. Details: Washington, DC: U.S. Department of Justice, Office of Community Oriented Policing Services, 2013. 84p. Source: Internet Resource: Response Guides Series Problem-Oriented Guides for Police, no. 11: Accessed July 20, 2016 at: http://ric-zai-inc.com/Publications/cops-p277-pub.pdf Year: 2013 Country: United States URL: http://ric-zai-inc.com/Publications/cops-p277-pub.pdf Shelf Number: 139750 Keywords: Civil RemediesCrime PreventionProblem-Oriented PolicingProperty Crimes |