Birmingham City Council v Afsar & Ors [2019] EWHC 1619 (QB) (25 June 2019)

Birmingham City Council v Afsar & Ors [2019] EWHC 1619 (QB) (25 June 2019)

In the circumstances, it is fair and proportionate to require the Council to provide undertakings in damages as a condition of the injunctions, given the permissive statutory basis, the nature of the action, the affected parties, and the interference with Convention rights.

Citation
[2019] EWHC 1619
Parties
Claimant: Birmingham City Council; Defendant: Mr Shakeel Afsar; Defendant: Ms Rosina Afsar; Defendant: Mr Amir Ahmed; Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
25 June 2019
Procedural Posture
Civil Injunction / Post Hearing Determination on Undertakings in Damages
Outcome
Council required to provide undertakings in damages as a condition of the injunctions.
Legal Topics
Injunctions, Undertakings in Damages, Local Authority Powers, Article 10 ECHR, Protection From Harassment
Civil Procedure Public Law Human Rights Injunctions Undertakings in Damages Local Authority Powers Article 10 ECHR Protection From Harassment

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Parties

Birmingham City Council

Claimant

Mr Shakeel Afsar

Defendant

Ms Rosina Afsar

Defendant

Mr Amir Ahmed

Defendant

Persons Unknown

Defendant

Procedural Posture

Civil Injunction / Post Hearing Determination on Undertakings in Damages

Legal Issues

  1. 1 Whether the claimant Council should be required to give undertakings in damages as a condition of the injunctions granted

Ratio Decidendi

In the circumstances, it is fair and proportionate to require the Council to provide undertakings in damages as a condition of the injunctions, given the permissive statutory basis, the nature of the action, the affected parties, and the interference with Convention rights.

Court Disposition

Council required to provide undertakings in damages as a condition of the injunctions.

Orders

  • Council to provide undertakings in the usual form to comply with any order for compensation if the injunctions are found to have caused loss to any defendant or third party.