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Injunctions against persons unknown, and the consequences of material non-disclosure (Birmingham CC v Afsar)

Published on: 20 June 2019
Published by: LexisPSL
  • Injunctions against persons unknown, and the consequences of material non-disclosure (Birmingham CC v Afsar)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Dispute Resolution analysis: This is a case concerned with the proper approach to an interim injunction against both identified and unidentified protestors, seeking to prohibit certain behaviours in certain locations. Warby J strongly emphasises the need to comply with the procedural requirements of such applications when made without (or on short) notice, as well as the duty on a without notice applicant to give full and frank disclosure—in his judgment, the judge collates the relevant principles on both these points. The judge also reflects on the jurisdiction concerned with making injunctions against ‘persons unknown.’ Ultimately, the judge discharged the previous injunctions, but permits the grant of new injunctions on materially similar terms. The net effect was therefore to sanction the non-compliant applicant in costs, but not to deprive it of the substantive relief sought. Written by Matthew McGhee, barrister at Twenty Essex Street Chambers. or take a trial to read the full analysis.

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