Bedfordshire Police v Golding & Anor

Bedfordshire Police v Golding & Anor

Interim injunctions prohibiting the Respondents from entering mosques or Islamic cultural centres without invitation, publishing material likely to stir up religious or racial hatred, using threatening or abusive behaviour, and displaying certain banners were justified and proportionate under the 2014 Act, but a blanket ban from Luton was not justified given the lack of evidence on its necessity and the impact on legitimate political activity.

Parties
Claimant: Chief Constable of the Bedfordshire Police; Defendant: Paul Golding; Defendant: Jayda Fransen
Jurisdiction
England and Wales
Judgment Date
30 June 2015
Procedural Posture
Civil Application (interim Injunction) / Interim Application Ruling
Outcome
Interim injunctions (b), (c), (d), and (e) granted; interim injunction (a) (blanket ban from Luton) refused.
Legal Topics
Interim Injunctions, Anti Social Behaviour, Freedom of Expression, Public Order, Religious Hatred
Public Law Civil Procedure Human Rights Interim Injunctions Anti Social Behaviour Freedom of Expression Public Order Religious Hatred

Case Brief

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Parties

Chief Constable of the Bedfordshire Police

Claimant

Paul Golding

Defendant

Jayda Fransen

Defendant

Procedural Posture

Civil Application (interim Injunction) / Interim Application Ruling

Legal Issues

  1. 1 Whether interim injunctions should be granted under the Anti-Social Behaviour, Crime and Policing Act 2014 against the Respondents for conduct likely to cause harassment, alarm or distress
  2. 2 Whether it is just and convenient to grant such injunctions for the purpose of preventing anti-social behaviour
  3. 3 Whether a blanket ban on entering Luton is proportionate and justified

Ratio Decidendi

Interim injunctions prohibiting the Respondents from entering mosques or Islamic cultural centres without invitation, publishing material likely to stir up religious or racial hatred, using threatening or abusive behaviour, and displaying certain banners were justified and proportionate under the 2014 Act, but a blanket ban from Luton was not justified given the lack of evidence on its necessity and the impact on legitimate political activity.

Court Disposition

Interim injunctions (b), (c), (d), and (e) granted; interim injunction (a) (blanket ban from Luton) refused.

Orders

  • Respondents prohibited from entering any Mosque or Islamic Cultural Centre or its private grounds within England and Wales without prior written invitation.
  • Respondents prohibited from publishing, distributing or displaying material likely to stir up religious and/or racial hatred.