Case Law Update

The Council made an application for Injunctions to prevent the defendants:
- from entering a considerable part of the City of Birmingham;
- from being in a public place with other named individuals - believed to be gang members; and
- from assaulting, harassing or intimidating anyone in the City.
The power to make the Injunctions was claimed to arise from Local Government Act 1972 section 222. A judge dismissed the claims.
The Court of Appeal upheld his Order, on the grounds that:
- the Injunctions sought were in effect equivalent to Antisocial Behaviour Orders (ASBOs); and
- the Council should apply to the courts for ASBOs, rather than use Injunction applications under section 222, to seek to obtain what were, in effect, the same remedies.
Birmingham CC v Shafi [2008] EWCA Civ 1186
A Magistrates Court granted an ASBO.
A month before the ASBO expired, the Council applied for a Variation Order to extend it for a further two years. That application was granted and the defendant made application to appeal.
The Crown Court declined jurisdiction. The Divisional Court held that there was no right of appeal (by way of rehearing) to the Crown Court. The Variation Order could only be challenged by an appeal by 'case stated' or by Judicial Review.
R(Langley) v Preston Crown Court [2008] EWHC 2623 Admin

Reporting on Aug-Oct 2008