Date:

17/09/04

A District Judge today made a landmark ruling granting three interim Anti-Social Behaviour Orders (ASBOs) against employees of a company called Diabolical Liberties, banning them from illegally flyposting in the London Borough of Camden. The case has made legal history as the first of its kind to successfully come to court in Britain.

At today's hearing, District Judge Henderson at Highbury Corner Magistrates Court granted interim ASBOs against Tim Horrox, the Managing Director of Diabolical Liberties and two employees, Dominic Murphy and James Heighway. The interim ASBOs require all three not to engage in illegal flyposting anywhere in the London Borough of Camden, until a full hearing on March 15 2005 at 10am, Highbury Corner Magistrates Court*. (see notes for exact wording).

An ASBO is a civil procedure, when a court can order someone to stop behaving in an anti-social way. Should Diabolical Liberties' posters continue to appear illegally in the London Borough of Camden, the above named company executives will face the courts and possibly a prison sentence.

The full hearing next year will determine whether to grant full ASBOs against Tim Horrox, Dominic Murphy, James Heighway and another Diabolical Liberties employee, Anna McAree, preventing them from engaging in illegal flyposting anywhere in England and Wales.

Speaking after the hearing, Cllr John Thane, Camden Council's Executive Member for Environment, said: "We are delighted with the verdict as we got the interim Orders we wanted in three out of four cases. This company, Diabolical Liberties, makes a substantial profit from illegal activity and we are seeking to curb this activity. They are seeking to hold on to their profits. Their business is not about culture, it's about commerce. It is not small theatres and struggling artists that benefit from illegal flyposting, it's about big artists and big business, which explains one of the first companies we targeted was a national conglomerate like Sony*."

Pete Strange, Camden Council's Boulevard Project Manager, said: "We are particularly
pleased with today's result because it begins to deal with the pernicious problem of flyposting in Camden, but also gives us another tool to deal with anti-social behaviour where people try to hide behind the veil of their company."

*The interim ASBOs granted today ordered that Horrox, Murphy and Heighway are prohibited from commissioning, instructing, procuring or arranging on their own behalf or on behalf of any company or business including, but not limited to Diabolical Liberties Limited, the erection of posters on trees, street furniture, post boxes, walls, buildings, hoardings, utility boxes or telephone boxes and kiosks without the permission of the owner, within the London Borough of Camden until March 15 2005.

*This action follows the success of a similar action against Sony Music Entertainment (UK) Ltd in June 2004, following which they agreed to cease flyposting in England and Wales before the matter could be determined in court.

*The ASBOs are being sought after innumerable complaints from Camden residents, businesses and visitors about illegal flyposting. They also follow repeated prosecutions and requests by Camden Council for Diabolical Liberties to stop putting up illegally located posters within the borough. These posters often appear repeatedly at locations they have been previously been asked to clear.

Last updated: 5 October 2004