Her Honour Judge Emma Kelly has published a strict timetable and a series of urgent orders ahead of a High Court hearing in Birmingham next week, when Birmingham City Council will seek an injunction against flaggers responsible for putting up thousands of Union, St George Cross and other flags, including Palestine ones, across the city.
The seven men named as defendants, along with any other 'persons unknown' willing to identify themselves as flaggers or intending to flag in future, have until tomorrow afternoon, Friday, at 4pm to submit outline evidence against the injunction bid 'if advised to do so'.
Who are the named defendants?
The seven defendants are Ryan Bridge, Julian Keane (also known as Elon), Elliot Stanley, Ross Child (also known as 'Ross the Don'), Billy Allison, Ben Cullen and Mark Keating. All have links to the Raise the Colours group.
The council has also been ordered to ensure that as many people as possible who might claim an interest in the case have been informed of the hearing and its case.
Council describes injunction as 'a last resort'
The council documents, filed with the High Court and now released, describe the application for an injunction as 'a last resort' but say the council has to act. Some 20,000 flags are now said to be flying across the city and nearby.
The council's case relies on witness statements, video footage and images, some of it posted by the named men on the Raise the Colours social media sites, to build its case that the flaggers have been responsible for abuse, threats and intimidation, and that their activity poses a public safety risk.
Judge's orders ahead of the hearing
In a document released earlier this week, Judge Kelly sets out the following orders:
- The hearing is listed at the civil courts in Birmingham, located in Bull Street, B4 6DS, at 10.30am on Tuesday September 8th. The case is expected to last three hours. Anyone wishing to be represented must appear in person or, in the case of one named defendant, via videolink.
- The council had until 4pm on Tuesday September 2 to serve the interim injunction application on the named flaggers.
- It was also required to ensure that by 4pm on Tuesday September 2 it had given notice to anyone potentially involved in flagging, identified as 'persons unknown', of the hearing. It was told to do so by issuing a media release to multiple local news outlets, setting out its basis, giving the location of the hearing, a link to the papers and a webpage address containing all the relevant information, and posting the links on its social media pages. West Midlands Police were asked to do the same.
- The council was told to create and maintain a dedicated page on its website about the claim, including all relevant court and claim documents.
- The council was ordered to email Raise the Colours to notify them directly of the claim and the hearing date.
- Named defendants - or persons unknown - were told they should file any evidence in response to the claim by 'no later than 4pm on Friday September 4' if advised to do so. The council was also told to confirm by that time any and all steps it had taken to serve documents on the named defendants and comply with other requests.
- The council was also ordered to provide its full hearing bundle to the court by no later than 10am on Monday September 7, including a skeleton argument and bundle of authorities.
The hearing is expected to determine whether the injunction will be granted, with the council arguing that the flagging activity poses a public safety risk and has involved abuse, threats and intimidation.
