Wolverhampton City Council & Ors v Persons Unknown & Ors

Wolverhampton City Council & Ors v Persons Unknown & Ors

The court found that car cruising constitutes a public nuisance and that the claimants satisfied the substantive and procedural requirements for injunctions against persons unknown as clarified by the Supreme Court. Criminal and other remedies are inadequate. The injunctions are necessary, proportionate, clear, territorially and temporally limited, and subject to review. The orders are justified to prevent ongoing and imminent harm.

Parties
Claimant: Wolverhampton City Council; Claimant: Dudley Metropolitan Borough Council; Claimant: Sandwell Metropolitan Borough Council; Claimant: Walsall Metropolitan Borough Council; Claimant: Birmingham City Council; Defendant: Persons Unknown (various descriptions); Defendant: Anthony Paul Gale; Defendant: Wiktoria Sczcublinska; Defendant: Isa Iqbal; Defendant: Mason Phelps; Defendant: Rebecca Richold; Defendant: Ahzi Nagmadin; Defendant: Rashani Reid; Defendant: Thomas Whittaker; Defendant: Arthur Rogers; Defendant: ABC; Defendant: Mr Mohammed Wajahas Shabbir; Defendant: Zoe Lloyd; Defendant: Callum Blunderfield; Defendant: Gurbinder Singh Sahota; Defendant: Connor Hill; Defendant: Asim Rahman; Defendant: Aman Kayani; Defendant: Adhnan Mohammed; Defendant: Mohammed Daanyaal; Defendant: Bradley Hayes
Jurisdiction
England and Wales
Judgment Date
09 March 2024
Procedural Posture
Civil / Judgment on Application for Final Injunctions
Outcome
Injunctions granted as sought by the claimants, with ancillary orders including powers of arrest and joinder of additional defendant.
Legal Topics
Injunctions, Public Nuisance, Persons Unknown, Anti Social Behaviour, Highway Law, Precautionary Relief
Civil Procedure Public Law Local Government Law Injunctions Public Nuisance Persons Unknown Anti Social Behaviour Highway Law +1 more

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Parties

Wolverhampton City Council

Claimant

Dudley Metropolitan Borough Council

Claimant

Sandwell Metropolitan Borough Council

Claimant

Walsall Metropolitan Borough Council

Claimant

Birmingham City Council

Claimant

Persons Unknown (various descriptions)

Defendant

Anthony Paul Gale

Defendant

Wiktoria Sczcublinska

Defendant

Isa Iqbal

Defendant

Mason Phelps

Defendant

Rebecca Richold

Defendant

Ahzi Nagmadin

Defendant

Rashani Reid

Defendant

Thomas Whittaker

Defendant

Arthur Rogers

Defendant

ABC

Defendant

Mr Mohammed Wajahas Shabbir

Defendant

Zoe Lloyd

Defendant

Callum Blunderfield

Defendant

Gurbinder Singh Sahota

Defendant

Connor Hill

Defendant

Asim Rahman

Defendant

Aman Kayani

Defendant

Adhnan Mohammed

Defendant

Mohammed Daanyaal

Defendant

Bradley Hayes

Defendant

Procedural Posture

Civil / Judgment on Application for Final Injunctions

Legal Issues

  1. 1 Whether final injunctions can be granted against 'persons unknown' to restrain car cruising and related anti-social behaviour
  2. 2 Whether the requirements for quia timet (precautionary) relief are met
  3. 3 Whether the procedural and substantive safeguards for 'persons unknown' injunctions are satisfied post-Supreme Court guidance

Ratio Decidendi

The court found that car cruising constitutes a public nuisance and that the claimants satisfied the substantive and procedural requirements for injunctions against persons unknown as clarified by the Supreme Court. Criminal and other remedies are inadequate. The injunctions are necessary, proportionate, clear, territorially and temporally limited, and subject to review. The orders are justified to prevent ongoing and imminent harm.

Court Disposition

Injunctions granted as sought by the claimants, with ancillary orders including powers of arrest and joinder of additional defendant.

Orders

  • Final injunctions granted against persons unknown and named defendants restraining car cruising and related conduct within defined areas and times.
  • Powers of arrest attached to the injunctions under s 27(3), Police and Justice Act 2006 (excluding spectators).