Birmingham City Council v Pardoe

Birmingham City Council v Pardoe

Section 21(7) of the 2014 Act is a transitional provision permitting the court to take account of conduct occurring up to six months before the commencement day for the purpose of proving qualifying behaviour, but does not preclude consideration of conduct prior to 23 September 2014 where such evidence is relevant to either stage of the court's decision under section 1. Evidence of conduct prior to that date may be considered both to prove anti-social behaviour after 23 September 2014 and in evaluating whether it is just and convenient to grant an injunction.

Parties
Claimant / Respondent: Birmingham City Council; Defendant / Appellant: Glenn Pardoe
Jurisdiction
England and Wales
Judgment Date
05 December 2016
Procedural Posture
Appeal / Judgment on Appeal From County Court
Outcome
Appeal dismissed
Legal Topics
Anti Social Behaviour Injunctions, Transitional Provisions, Admissibility of Evidence, Retrospective Application of Law
Civil Procedure Statutory Interpretation Anti Social Behaviour Injunctions Transitional Provisions Admissibility of Evidence Retrospective Application of Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Birmingham City Council

Claimant / Respondent

Glenn Pardoe

Defendant / Appellant

Procedural Posture

Appeal / Judgment on Appeal From County Court

Legal Issues

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

Ratio Decidendi

Section 21(7) of the 2014 Act is a transitional provision permitting the court to take account of conduct occurring up to six months before the commencement day for the purpose of proving qualifying behaviour, but does not preclude consideration of conduct prior to 23 September 2014 where such evidence is relevant to either stage of the court's decision under section 1. Evidence of conduct prior to that date may be considered both to prove anti-social behaviour after 23 September 2014 and in evaluating whether it is just and convenient to grant an injunction.

Court Disposition

Appeal dismissed

Orders

  • Judge's decision upheld that conduct prior to 23 September 2014 may be considered at both stages of the court's decision under section 1 of the 2014 Act
  • Counsel to agree terms of consequential orders reflecting the judgment