High Court judge grants borough council three-year injunction against car cruising

North Warwickshire Borough Council (NWBC) has secured a High Court injunction against “street cruising” in its area for the next three years.

In North Warwickshire Borough Council v Persons Unknown [2018] EWHC 1603 (QB) His Honour Judge Worster described the underlying merits of the council’s case for an injunction to restrain street cruising in its area as strong.

The judge found that NWBC had made out its case. "Such an order is necessary to control the problem of street cruising, which is not effectively restrained by the use of criminal law sanctions. Whilst the problem is focussed in particular parts of NWBC's area, it is neither practical nor desirable to limit the scope of the injunction. If activity is banned in one area, the risk is that it will be displaced into others, just as the Black Country injunction displaced the problem into other areas where there was no injunction."

HHJ Worster had previously granted Birmingham City Council an injunction against street cruising on 3 October 2016. This banned persons from participating in a street cruise, and from promoting, organising or publicising one in its area.

North Warwickshire had originally sought to be amended as a second claimant to those proceedings, to amend the particulars of claim, and to vary the order the judge made two years ago to extend it to cover its area on the same terms.

However, that application was refused by HHJ Worster. The judge indicated that if an injunction in relation to NWBC's area was to be granted, it should be done in fresh proceedings, rather than by the process of amendment and variation.

The judge did add that based on his consideration of the evidence that he would be minded to grant an injunction covering the North Warwickshire area.

The council therefore issued fresh proceedings relying upon the same evidence (with some additions).