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

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 that does not prevent the court from considering evidence of conduct prior to 23 September 2014 where such evidence is relevant to proving qualifying behaviour after that date or to the court's evaluation of whether it is just and convenient to grant an injunction. The applicant must prove anti-social behaviour after 23 September 2014, but evidence of earlier conduct may be admissible for relevant purposes at both stages of the court's decision.

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

Case Brief

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Parties

Birmingham City Council

Claimant/respondent

Glenn Pardoe

Defendant/appellant

Procedural Posture

Civil Appeal / High Court Appeal From County Court Preliminary Issue Judgment

Legal Issues

  1. 1 Whether section 21(7) of the Anti-Social Behaviour, Crime and Policing Act 2014 limits the court to considering only conduct occurring after 23 September 2014 when deciding whether to grant an injunction under section 1 of the Act
  2. 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

Section 21(7) of the Anti-Social Behaviour, Crime and Policing Act 2014 is a transitional provision that does not prevent the court from considering evidence of conduct prior to 23 September 2014 where such evidence is relevant to proving qualifying behaviour after that date or to the court's evaluation of whether it is just and convenient to grant an injunction. The applicant must prove anti-social behaviour after 23 September 2014, but evidence of earlier conduct may be admissible for relevant purposes at both stages of the court's decision.

Court Disposition

Appeal dismissed