Social Welfare Lawyers in the Centre of Birmingham

Article 6 in the Supreme Court – Jones v Birmingham City Council

This Appeal was heard by the Supreme Court on 30 and 31 January 2023. CLP represented Mr Jones and his barristers were Helen Mountfield QC and James Stark.

In 2016, HHJ McKenna granted an Interim Injunction preventing Mr Jones from entering a large part of central Birmingham save for exceptional circumstances on account of his alleged involvement in gang-related activities. 17 months later, HHJ Wall made a final injunction which lasted for two years, so Mr Jones was excluded from whole swathes of Birmingham and prevented from contacting a number of his friends for 3 years and 5 months. He appealed to the High Court on the basis that the Orders were incompatible with Article 6 of the European Convention on Human Rights because, in spite of the draconian effects that the Orders had on his freedom, the allegations against him only had to be proved to the civil standard of proof (more likely than not) as opposed to the criminal standard of proof (that you are sure). Mr Jones appealed to the Court of Appeal and the Court of Appeal dismissed his Appeal. The Supreme Court gave him permission to Appeal. Following the Hearing before the Supreme Court, judgment is reserved and we will post the result here when we have it.