Jurisdiction(s):
United Kingdom

High Court continues contramundum car-cruising injunctions against persons unknown: 15-factor review and compelling justification test applied; Birmingham order narrowed (England and Wales)

Published on: 20 June 2025

Published by a LexisNexis Local Government expert

Legal News

Article summary

Birmingham City Council v Persons Unknown and others; Wolverhampton City Council and another v Persons Unknown and others [2025] EWHC 1102 (KB)

What are the practical implications of this case?

This judgment offers another illustration of the settled principles applied when considering whether to continue contramundum (against the world) injunctions targeting persons unknown for unlawful and/or nuisance behaviour. It demonstrates the High Court’s approach to the different factors and stages in determining if continuation is appropriate. The decision is useful to advisers evaluating whether, and to what degree, their evidence meets the court’s expectations in these applications—particularly in relation to car-cruising injunctions, while also having broader relevance...

What was the background?

In December 2022, both local authorities—having previously secured similar injunctions in 2015 and 2016—issued new claims seeking injunctions and powers of arrest to restrain renewed car-cruising and related nuisance under section 222 of the Local Government Act 1972, section 1 of the Localism Act 2011 and section 130 of the Highways Act 1986. The relief sought was anticipatory, as the authorities stated they were unable to control or prevent the significant risk of harm and injury to the public caused...

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