Birmingham City Council v Persons Unknown [2018] EWHC 1601 (QB) (22 June 2018)

The court does not have jurisdiction to join NWBC as claimant and vary the existing injunction post-judgment to cover NWBC's area; such variation constitutes new relief for a new party and should be pursued by fresh proceedings.

Citation: [2018] EWHC 1601
Parties: Claimant: Birmingham City Council; Defendant: Persons unknown; Applicant: North Warwickshire Borough Council
Jurisdiction: England and Wales
Judgment Date: 22 June 2018
Procedural Posture: Application for Injunction / Post Judgment Application to Vary and Join Party
Outcome: Application refused
Legal Topics: Injunctions, Variation of Orders, Joinder of Parties, Street Cruising, Public Nuisance

Civil Procedure Local Government Law Public Nuisance Injunctions Variation of Orders Joinder of Parties Street Cruising

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Parties

Birmingham City Council

Claimant

Persons unknown

Defendant

North Warwickshire Borough Council

Applicant

Procedural Posture

Application for Injunction / Post Judgment Application to Vary and Join Party

Legal Issues

1 Whether the court has jurisdiction to add North Warwickshire Borough Council as claimant post-judgment
2 Whether the court should exercise discretion to vary the existing injunction to cover NWBC's area
3 Whether the variation sought constitutes new relief for a new party

Ratio Decidendi

Court Disposition

Application refused

Orders

NWBC's application to be joined as claimant and to vary the 2016 injunction is refused.
NWBC may issue fresh proceedings for an injunction covering its area.