Birmingham City Council's attempt to secure an injunction against flagging activity across the city has been postponed until next month after a High Court judge described the evidence presented as 'troubling'. Judge Emma Kelly, sitting at the High Court in Birmingham's Bull Street, adjourned the case for a date three weeks away, expressing concerns that individual defendants might not have a fair opportunity to respond to the allegations against them.
Judge criticises lack of clarity in council evidence
Judge Kelly appeared to criticise the council for failing to clearly set out the case against each of the seven named men: Ryan Bridge, Julian Keane aka 'Elon', Elliot Stanley, Ross Childs aka 'Ross the Don', Billy Allison, Ben Cullen, and Mark Keating. All seven have links to the controversial group Raise the Colours, one of the groups at the forefront of the flag movement in Birmingham.
During the proceedings, Cullen indicated he did not wish to take part, while Allison initially joined via a virtual link but was later cut off. Stanley and Keane indicated they were prepared to make a legal undertaking to the council not to participate in any future flagging. Childs and Keating were unable to attend due to work and holiday commitments.
Council's 281-page evidence bundle under scrutiny
Judge Kelly told the council that its bundle of 281 pages of evidence did not clarify what each individual named defendant was accused of, which she described as 'troubling' and did not give them a fair chance of presenting their case. In response, Jonathan Manning, representing the council, told the court that the injunction application is brought in respect of anyone who has or intends to attach flags to street furniture.
Manning said: "We have not included detailed information about each one...but it is clear what the basis of the application against each of the named defendants is." He added that the defendants had all been involved in flag raising activity in Birmingham, describing it as a criminal offence under the Highways Act, and that the behaviour had been conducted in a way that amounted to a public nuisance.
Judge questions urgency of interim injunction
However, Judge Kelly said it was difficult for each defendant to understand what they had personally been accused of, making it difficult for them to respond. She also quizzed Manning about why the council had requested an urgent interim injunction when the activity did not appear to have changed much for 'several months'.
She told the court: "I conclude that the fair thing to do is to relist the case and for the council to set out more clearly the case against each defendant." This includes the council needing to make a case more clearly against each named defendant, in order for their rights under Section 10 of the Human Rights Act to be properly considered. There also needs to be greater clarity about what actions the individuals have been responsible for, she ordered.
Case relisted for September 30
The judge adjourned the case to Wednesday, September 30. She ordered the authority's legal team to produce clarity on the case against each named defendant, including the date of any incidents and a cross reference to the related witness statement or other evidence, within 10 days. She also ordered the council to produce a clearer skeleton argument setting out their case for an interim injunction so that any named defendant can file their response by September 22, ahead of the hearing itself.
Outside the court, Raise the Colours leader Ryan Bridge was involved in a 'racism' spat with a member of the public before the flag ban plea hearing. Bridge, the co-founder of the controversial group, was confronted by a man who described the activist's work as "very racial" and "a bit wild". Bridge responded: "Why do you think that? You've made an allegation that I'm racist, how? You think I come across racist but you don't know why?"
