Birmingham City Council v Pardoe [2016] EWHC 3119 (QB) (05 December 2016)

Section 21(7) of the Anti-Social Behaviour, Crime and Policing Act 2014 is a transitional provision and does not prevent the court from considering evidence of conduct prior to 23 September 2014 where such evidence is relevant to proving anti-social behaviour after that date or to the court's assessment of whether it is just and convenient to grant an injunction.

Citation: [2016] EWHC 3119
Parties: Claimant/respondent: Birmingham City Council; Defendant/appellant: Glenn Pardoe
Jurisdiction: England and Wales
Judgment Date: 05 December 2016
Procedural Posture: Appeal (civil) / Appeal From County Court Judgment on Preliminary Issue
Outcome: Appeal dismissed
Legal Topics: Anti Social Behaviour Injunctions, Transitional Provisions, Admissibility of Evidence, Interpretation of Statutes

Civil Procedure Public Law Anti Social Behaviour Injunctions Transitional Provisions Admissibility of Evidence Interpretation of Statutes

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Parties

Birmingham City Council

Claimant/respondent

Glenn Pardoe

Defendant/appellant

Procedural Posture

Appeal (civil) / Appeal From County Court Judgment on Preliminary Issue

Legal Issues

1 Whether section 21(7) of the Anti-Social Behaviour, Crime and Policing Act 2014 limits the court to considering only conduct after 23 September 2014 when granting an injunction under section 1
2 Whether evidence of conduct prior to 23 September 2014 can be considered at either or both stages of the court's decision under section 1

Ratio Decidendi

Court Disposition

Appeal dismissed