“…g which led to its grant. Mr de Mello, who appeared for him below as well as before us, relied on the decision of this court in Birmingham City Council v Shafi [2009] 1 WLR 1961 (“Shafi”). In that case, as he put it, the Court of Appeal concluded that where a local authority sought an injunction on terms that were identical or almost i…”
“…“The learned judge erred in law in holding that this case was nearer the case of Swindon BC v Redpath [2009] EWCA Civ 943 than the case of Shafi v BCC [2009] 1 WLR 1961 [para 30] and that the PPO [sic] is not identical or even remotely similar to the remedy provided by the High Court [para 32].”…”
“…reby bypassing the statutory safeguards built into the PSPO regime. In support of that submission he cited Birmingham City Council v Shafi [2008] EWCA Civ 1186 [2009] 1 WLR 1961 [36], [45] and [59]. A similar argument was advanced by Mr de Mello in Birmingham City Council v Sharif [2019] EWHC…”