Birmingham City Council v Afsar & Ors [2019] EWHC 1560 (QB) (18 June 2019)

Birmingham City Council v Afsar & Ors [2019] EWHC 1560 (QB) (18 June 2019)

The interim injunctions granted without notice were discharged due to serious breaches of the duty of full and frank disclosure and procedural failures by the claimant, including inadequate justification for proceeding without notice and failure to identify the correct statutory threshold under s 12(3) HRA. However, fresh interim injunctions were granted as the claimant was likely to succeed at trial in showing that restraint on the manner of protest was justified.

Citation
[2019] EWHC 1560 (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
18 June 2019
Procedural Posture
Interim Injunction Application (civil) / Interim, Pre Trial Hearing
Outcome
Existing interim injunctions discharged for procedural breaches; fresh interim injunctions granted pending trial; costs awarded as appropriate.
Legal Topics
Interim Injunctions, Without Notice Applications, Freedom of Expression, Protest Law, Anti Social Behaviour, Disclosure Obligations, Procedural Fairness
Civil Procedure Human Rights Education Law Public Order Interim Injunctions Without Notice Applications Freedom of Expression Protest Law +3 more

Case Brief

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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

Interim Injunction Application (civil) / Interim, Pre Trial Hearing

Legal Issues

  1. 1 Whether the interim injunctions granted without notice should be discharged for breach of duty of full and frank disclosure
  2. 2 Whether fresh interim injunctions should be granted pending trial
  3. 3 Whether the procedural requirements for without notice applications were met

Ratio Decidendi

The interim injunctions granted without notice were discharged due to serious breaches of the duty of full and frank disclosure and procedural failures by the claimant, including inadequate justification for proceeding without notice and failure to identify the correct statutory threshold under s 12(3) HRA. However, fresh interim injunctions were granted as the claimant was likely to succeed at trial in showing that restraint on the manner of protest was justified.

Court Disposition

Existing interim injunctions discharged for procedural breaches; fresh interim injunctions granted pending trial; costs awarded as appropriate.

Orders

  • Discharge of all interim injunctions granted without notice on 31 May and 4 June 2019
  • Grant of fresh interim injunctions against all defendants pending trial