Birmingham City Council v Persons Unknown

Birmingham City Council v Persons Unknown

The council had taken all reasonable steps to notify protesters and alternative service was sufficient; dispensing with service was not justified. The council established actionable torts and a compelling need for injunctive relief, and the proportionality assessment favoured restraining direct action that obstructed waste collection, while preserving rights to peaceful protest.

Parties
Claimant: Birmingham City Council; Defendant: Persons Unknown; Defendant: Stuart Richardson; Interested Party: Alistair Wingate
Jurisdiction
England and Wales
Judgment Date
20 February 2026
Procedural Posture
Civil / Interim Injunction Application
Outcome
Interim injunctive relief granted; alternative service authorised; dispensing with service refused.
Legal Topics
Service of Process, Injunctions, Protest Law, Trespass, Nuisance, Public Nuisance, Freedom of Expression, Freedom of Assembly
Civil Procedure Human Rights Tort Service of Process Injunctions Protest Law Trespass Nuisance +3 more

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Parties

Birmingham City Council

Claimant

Persons Unknown

Defendant

Stuart Richardson

Defendant

Alistair Wingate

Interested Party

Procedural Posture

Civil / Interim Injunction Application

Legal Issues

  1. 1 Whether service of claim form and application can be dispensed with or effected by alternative means against persons unknown protesters
  2. 2 Whether Birmingham City Council is entitled to interim injunctive relief restraining trespass, obstruction, and nuisance by protesters
  3. 3 Whether the relief sought is proportionate given the protesters' rights under Articles 10 and 11 of the European Convention on Human Rights

Ratio Decidendi

The council had taken all reasonable steps to notify protesters and alternative service was sufficient; dispensing with service was not justified. The council established actionable torts and a compelling need for injunctive relief, and the proportionality assessment favoured restraining direct action that obstructed waste collection, while preserving rights to peaceful protest.

Court Disposition

Interim injunctive relief granted; alternative service authorised; dispensing with service refused.

Orders

  • Steps taken by the council constitute good service on protesters at depots between 17 September 2025 and 12 February 2026 under rr.6.15(2) and 6.27.
  • Interim injunction restraining trespass, obstruction of depot entrances/exits, and obstruction of council street management vehicles throughout Birmingham granted.