Birmingham City Council v Shafi

Thursday 30 October 2008

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The Master of the Rolls gave judgment today in Birmingham City Council v Shafi, dismissing the appeals brought by the Council. Maya Sikand, who represented the First Respondent Shafi, argued that the Council should not use s 222 of the Local Government Act 1972 to obtain injunctions against alleged gang members when there was an alternative statutory route available under the ASBO legislation. The Court of Appeal agreed and said that this power could only be used in exceptional circumstances. It also ruled that the correct standard proof was the criminal standard (Moore-Bick LJ dissenting).

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