Case No: KB-2022-BHM-000188 |
KING'S BENCH DIVISION
BIRMINGHAM DISTRICT REGISTRY
B e f o r e :
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BIRMINGHAM CITY COUNCIL |
Claim No.: KB-2022-BHM-000221 Claimant |
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Persons Participating, or Intending to Participate in, Street Cruises (8) PERSONS UNKNOWN WHO PARTICIPATE OR INTEND TO PARTICIPATE IN STREET-CRUISES IN BIRMINGHAM, AS CAR DRIVERS, MOTORCYCLE RIDERS, PASSENGERS AND/OR SPECTATORS Persons Organising, Promoting or Publicising Street Cruises, or Intending to do so (9) PERSONS UNKNOWN WHO, OR WHO INTEND TO, ORGANISE, PROMOTE OR PUBLICISE STREET CRUISES IN BIRMINGHAM Persons Participating in, or Intending to Participate in, Street Cruises as Driver, Riders or Passengers (10) PERSONS UNKNOWN WHO PARTICIPATE OR INTEND TO PARTICIPATE IN STREET CRUISES IN BIRMINGHAM AS CAR DRIVERS, MOTORCYCLE RIDERS OR PASSENGERS IN MOTOR CARS OR ON MOTORCYCLES AND THE NAMED DEFENDANTS LISTED AT SCHEDULE 1 |
Defendants |
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AND BETWEEN: |
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(1) WOLVERHAMPTON CITY COUNCIL (2) DUDLEY METROPOLITAN BOROUGH COUNCIL (3) SANDWELL METROPOLITAN BOROUGH COUNCIL (4) WALSALL METROPOLITAN BOROUGH COUNCIL |
Case No: KB-2022-BHM-000188 Claimants |
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Persons Participating in Street Cruises 1. PERSONS UNKNOWN WHO PARTICIPATE BETWEEN THE HOURS OF 3:00PM AND 7:00AM IN A GATHERING OF 2 OR MORE PERSONS WITHIN THE AREA SHOWN ON PLAN A (ATTACHED) AT WHICH SOME OF THOSE PRESENT ENGAGE IN MOTOR RACING OR MOTOR STUNTS OR OTHER DANGEROUS OR OBSTRUCTIVE DRIVING Persons Attending or Intending to Participate in Street Cruises 2. PERSONS UNKNOWN WHO PARTICIPATE BETWEEN THE HOURS OF 3:00PM AND 7:00AM IN A GATHERING OF 2 OR MORE PERSONS WITHIN THE AREA SHOWN ON PLAN A (ATTACHED) WITH THE INTENTION OR EXPECTATION THAT SOME OF THOSE PRESENT WILL ENGAGE IN MOTOR RACING OR MOTOR STUNTS OR OTHER DANGEROUS OR OBSTRUCTIVE DRIVING Persons Promoting Street Cruises 3. PERSONS UNKNOWN PROMOTING ORGANISING PUBLICISING (BY ANY MEANS WHATSOEVER) ANY GATHERING BETWEEN THE HOURS OF 3:00PM AND 7:00AM OF 2 OR MORE PERSONS WITH THE INTENTION OR EXPECTATION THAT SOME OF THOSE PRESENT WILL ENGAGE IN MOTOR RACING OR MOTOR STUNTS OR OTHER DANGEROUS OR OBSTRUCTIVE DRIVING WITHIN THE AREA SHOWN ON PLAN A (ATTACHED) Drivers, Riders or Passengers in or on Motor Vehicles who take part in Street Cruises 4. PERSONS UNKNOWN BEING DRIVERS, RIDERS OR PASSENGERS IN OR ON MOTOR VEHICLE(S) WHO PARTICIPATE BETWEEN THE HOURS OF 3:00PM AND 7:00AM IN A GATHERING OF 2 OR MORE PERSONS WITHIN THE AREA SHOWN ON PLAN A (ATTACHED) AT WHICH SUCH DEFENDANTS ENGAGE IN MOTOR RACING OR MOTOR STUNTS OR OTHER DANGEROUS OR OBSTRUCTIVE DRIVING AND THOSE PERSONS LISTED AT SCHEDULE 2 AS NAMED DEFENDANTS |
Defendants |
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MR MICHAEL SINGLETON appeared on behalf of the Claimants in Wolverhampton.
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Crown Copyright ©
Mr Justice Ritchie
Introduction
Undertakings
Bundles
Claims
Orders
Service and new evidence
Submissions
Committal orders to date
The law
A: the substantive requirements
B, the procedural requirements
The issues
"…will give all parties an opportunity to make full and complete disclosure to the court supported by appropriate evidence as to how effective the order has been, whether any reasons or grounds for its discharge have emerged and whether there is any proper justification for continuance and whether and on what basis a further order should be made."
Let me just split that up.
Law relating to review
"[32] Drawing these authorities together, on a review of an interim injunction against PUs," and I would add now on a review of a quasi-final injunction against PUs, "and named Defendants, the court is not starting de novo, the judges who have previously made the interim injunctions have made findings justifying the interim injunctions. It is not the task of the court on review to query or undermine those. However, it is vital to understand why they were made, to read and assimilate the findings, to understand the substrata of the quia timet, the reasons for the fear of unlawful direct action. Then it is necessary to determine, on the evidence, whether anything material has changed. If nothing material has changed, if the risks still exist as before and the Claimants remain rightly and justifiably fearful of unlawful attacks, the extension may be granted so long as procedural and legal rigour has been observed and fulfilled.
[33] On the other hand, if material matters have changed, the court is required to analyse the changes, based on the evidence before it, and in the full light of past decisions, to determine anew, whether the scope, details and need for the full interim injunction should be altered. To do so the original thresholds for granting the interim injunctions still apply."
MBR Acres Ltd and others v McGivern [2022] EWHC 2072
Conclusion
SCHEDULE 1
Named Defendants in Birmingham
(1) AHZI NAGMADIN
(4) RASHANI REID
(5) THOMAS WHITTAKER
(6) ARTHUR RODGERS
(7) ABC
(11) MR MOHAMMED WAJAHAS SHABBIR
(12) ZOE LLOYD
(13) CALLUM BLUNDERFIELD
(14) GURBINDER SINGH SAHOTA
(15) CONNOR HILL
(16) ASIM RAHMAN
(17) AMAN KAYANI
(18) ADHNAN MOHAMMED
(19) MOHAMMED DAANYAAL
(20) BRADLEY HAYES
(21) JOSEPH DAWSON
(22) DANIEL GORDON
(23) RAGHIB AFSAR
(24) UMAR MAHMOOD
(25) VICTORIA ADSHEAD
(26) AAROON KIRK
(27) BILAL AMJAD
(28) BENJAMIN DUNN
(29) MOHAMMED KHALIL
(30) MARLON FARRELL
(31) JACOB WILLIAMS
(32) MATTHEW OLIVER BRAYNE
(33) ABDULRAHMAN ABDULKADER
(34) ADAM JORDAN YEOMANS
(35) HUSNAIN MAHMOOD
SCHEDULE 2
(named Defendants in Wolverhampton)
Defendant Number | Defendant Name | Date Defendant added as a party (and judge making order) |
5 | Mr ANTHONY PAUL GALE | 4 October 2023 (HHJ Kelly) |
6 | Miss WIKTORIA SCZCUBLINSKA | 4 October 2023 (HHJ Kelly) |
7 | Mr ISA IQBAL | 1 November 2023 (HHJ Kelly) |
8 | Mr MASON PHELPS | 29 January 2024 (HHJ Kelly) |
9 | Ms REBECCA RICHOLD | 27 February 2024 (Julian Knowles J) |
10 | Mr OLIVER DAVID CLARKE | 21 May 2024 (HHJ Kelly) |
11 | Mr SIKANDER HUSSAIN | 23 May 2024 (HHJ Kelly) |
12 | Mr OMAR TAGON | 12 November 2024 (HHJ Wall) |
13 | Mr TY HARRIS | 25 November 2024 (HHJ Wall) |
14 | Mr VIVKASH BALI | 25 November 2024 (HHJ Wall) |
END