Birmingham City Council v Afsar & Ors

Birmingham City Council v Afsar & Ors

The original injunctions were discharged due to serious breaches of the duty of full and frank disclosure and procedural failures by the Council, but fresh interim injunctions were granted as the Council was likely to succeed at trial in showing that restraint on the protests was justified to protect against harassment and anti-social behaviour, while permitting lawful protest.

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
Civil / Interim Injunction, Pre Trial Hearing
Outcome
Original injunctions discharged for procedural breaches; fresh interim injunctions granted pending trial.
Legal Topics
Interim Injunctions, Freedom of Expression, Anti Social Behaviour, Protest Law, Full and Frank Disclosure, Procedural Fairness
Civil Procedure Human Rights Public Law Interim Injunctions Freedom of Expression Anti Social Behaviour Protest Law Full and Frank Disclosure +1 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

Civil / Interim Injunction, Pre Trial Hearing

Legal Issues

  1. 1 Whether interim injunctions restraining protest outside a school should be discharged for procedural breaches
  2. 2 Whether fresh interim injunctions should be granted pending trial
  3. 3 Whether orders against 'Persons Unknown' are valid

Ratio Decidendi

The original injunctions were discharged due to serious breaches of the duty of full and frank disclosure and procedural failures by the Council, but fresh interim injunctions were granted as the Council was likely to succeed at trial in showing that restraint on the protests was justified to protect against harassment and anti-social behaviour, while permitting lawful protest.

Court Disposition

Original injunctions discharged for procedural breaches; fresh interim injunctions granted pending trial.

Orders

  • Discharge of existing injunctions granted by Moulder J with costs to defendants.
  • Fresh interim injunctions granted to protect against anti-social behaviour pending trial, with costs to claimant.