Have a look on your local council's website. Ours clearly state that,


Make sure:

• your bin is placed at the edge of your property, at the kerbside with the bin handle facing out towards the road

And


Make sure you put your bin / bags out at the kerbside before 7am on the morning of your collection day


So if he put his bin out the night before, it shouldn't have been there. Maybe a case for the small claims court?