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, the Council should provide undertakings in damages in the usual form, as the action interferes with Convention rights and is not solely in the public interest; the provision of undertakings is proportionate and reasonable.

Citation
[2019] EWHC 1619 (QB)
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 Judgment Order Regarding Undertakings in Damages
Outcome
Council required to provide undertakings in damages as a condition of injunctions granted.
Legal Topics
Injunctions, Undertakings in Damages, Article 10 ECHR, Protection From Harassment Act 1997, Local Government Act S222
Civil Procedure Public Law Human Rights Injunctions Undertakings in Damages Article 10 ECHR Protection From Harassment Act 1997 Local Government Act S222

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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 Judgment Order Regarding Undertakings in Damages

Legal Issues

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

Ratio Decidendi

In the circumstances, the Council should provide undertakings in damages in the usual form, as the action interferes with Convention rights and is not solely in the public interest; the provision of undertakings is proportionate and reasonable.

Court Disposition

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

Orders

  • Council to comply with any order for compensation if injunctions cause loss to any defendant or third party.