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

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

The application to discharge the injunction is dismissed because PSPOs are not a specific statutory remedy for car cruising, there is no legal requirement to use a PSPO in preference to an injunction, and the court had sufficient evidence to justify the injunction as appropriate and proportionate.

Citation
[2019] EWHC 1268 (QB)
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; committal application to be listed for hearing.
Legal Topics
Injunctions, Public Spaces Protection Orders (pspo), Anti Social Behaviour, Contempt of Court, Remedies
Civil Procedure Local Government Law Public Order Injunctions Public Spaces Protection Orders (pspo) Anti Social Behaviour Contempt of Court Remedies

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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. 1 Whether the injunction granted against car cruising should be discharged on the basis that a Public Spaces Protection Order (PSPO) was the appropriate remedy and/or there was an error of principle in granting the injunction.

Ratio Decidendi

The application to discharge the injunction is dismissed because PSPOs are not a specific statutory remedy for car cruising, there is no legal requirement to use a PSPO in preference to an injunction, and the court had sufficient evidence to justify the injunction as appropriate and proportionate.

Court Disposition

Application to discharge injunction dismissed; committal application to be listed for hearing.

Orders

  • Application to discharge injunction dismissed
  • Committal application to be listed for hearing