Birmingham City Council v Sharif [2019] EWHC 1268 (QB) (23 May 2019)

There is no legal requirement for a local authority to use a PSPO in preference to an injunction where the statutory conditions for an injunction are satisfied. The injunction was properly granted to address car cruising, and the application to discharge it is dismissed.

Citation: [2019] EWHC 1268
Parties: Applicant: Birmingham City Council; 16th Respondent: Harun Mansoor Sharif
Jurisdiction: England and Wales
Judgment Date: 23 May 2019
Procedural Posture: Application to Discharge Injunction and Committal Application / Judgment on Application to Discharge Injunction
Outcome: Application to discharge injunction dismissed
Legal Topics: Injunctions, Public Spaces Protection Orders (pspo), Anti Social Behaviour, Contempt of Court, Local Authority Powers

Civil Procedure Local Government Law Public Order Injunctions Public Spaces Protection Orders (pspo) Anti Social Behaviour Contempt of Court Local Authority Powers

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Parties

Birmingham City Council

Applicant

Harun Mansoor Sharif

16th Respondent

Procedural Posture

Application to Discharge Injunction and Committal Application / Judgment on Application to Discharge Injunction

Legal Issues

1 Whether the injunction should be discharged on the basis that a Public Spaces Protection Order (PSPO) was the appropriate remedy
2 Whether the original grant of the injunction was wrong in principle or law

Ratio Decidendi

Court Disposition

Application to discharge injunction dismissed

Orders

Committal application to be listed for hearing
Parties to agree an order reflecting the substance of this judgment, including costs