Wolverhampton City Council & Ors v Persons Unknown [2020] EWHC 759 (QB) (30 March 2020)

Wolverhampton City Council & Ors v Persons Unknown [2020] EWHC 759 (QB) (30 March 2020)

The continued injunction is justified as there remains a real and imminent risk of public nuisance from car cruising, the order is proportionate, meets the legal requirements for injunctions against persons unknown, and is effective in its aims. No grounds exist for variation or discharge.

Citation
[2020] EWHC 759 (QB)
Parties
Claimant: Wolverhampton City Council; Claimant: Dudley Metropolitan Borough Council; Claimant: Sandwell Metropolitan Borough Council; Claimant: Walsall Metropolitan Borough Council; Defendant: Persons unknown
Jurisdiction
England and Wales
Judgment Date
30 March 2020
Procedural Posture
Injunction Application (review) / Review Hearing of Extended Injunction Order
Outcome
Order to continue in force
Legal Topics
Injunctions Against Persons Unknown, Quia Timet Injunctions, Public Nuisance, Proportionality of Injunctions, Service by Alternative Means
Civil Procedure Public Order Local Government Law Injunctions Against Persons Unknown Quia Timet Injunctions Public Nuisance Proportionality of Injunctions Service by Alternative Means

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Parties

Wolverhampton City Council

Claimant

Dudley Metropolitan Borough Council

Claimant

Sandwell Metropolitan Borough Council

Claimant

Walsall Metropolitan Borough Council

Claimant

Persons unknown

Defendant

Procedural Posture

Injunction Application (review) / Review Hearing of Extended Injunction Order

Legal Issues

  1. 1 Whether the continued injunction against car cruising in the Black Country area remains justified and proportionate
  2. 2 Whether the requirements for granting injunctions against persons unknown are satisfied
  3. 3 Whether the order should be varied or discharged in light of recent case law and public representations

Ratio Decidendi

The continued injunction is justified as there remains a real and imminent risk of public nuisance from car cruising, the order is proportionate, meets the legal requirements for injunctions against persons unknown, and is effective in its aims. No grounds exist for variation or discharge.

Court Disposition

Order to continue in force

Orders

  • The injunction order prohibiting car cruising in the Black Country area continues in force.
  • No further order is required.