City council secures High Court interim injunction to stop blockades at waste depots

Mr Justice Pepperall issued his judgment last week (20 February 2026), following a hearing on 13 February.

The judge noted that bin workers of Birmingham have been taking industrial action through Unite the Union since 2 January 2025.

He said: “The action was escalated to continuous strike action on 11 March 2025 and, eleven months later, shows no sign of resolution. The evidence before me indicates that the union has a mandate for strike action until May 2026 although I take judicial notice of the fact that the mandate has now been extended until September 2026.”

The judge said that following earlier litigation between the council and Unite, the union is no longer obstructing bin lorries while they are on their collection rounds or preventing the lorries from entering or exiting the council’s waste depots.

However, Mr Justice Pepperall said that since at least September 2025, the striking bin workers had been supported by other protesters who are sympathetic to their cause.

“These protesters have adopted many of the same tactics as were previously used by the union such that bin collections are again disrupted. While initially sporadic, this direct action has stepped up significantly in recent weeks,” he noted.

The council sought an injunction to restrain unknown protesters from trespassing upon the four waste depots, blocking or obstructing the entrances and exits to those depots, and from blocking the roads in Birmingham so as to obstruct the council’s street management vehicles.

Mr Justice Pepperall said he considered that the city council had established that it was more likely than not that the court at trial would find that the proportionality assessment clearly favoured injunctive relief to restrain the excesses of direct action and to limit the protesters to peaceful protest that does not obstruct the delivery of its waste management service.

“Further, I conclude that the council has established a compelling need for relief in order to protect its enjoyment of its land and its ability to deliver an effective waste collection service, and that such need cannot be adequately met by any other measures including either negotiation with the protesters or further engagement with the police.

“Further, I accept that robust procedural protection for the rights of newcomers can be built into the order; that the council has properly drawn to my attention the potential defences to its claim and the arguments that might have been presented to me; and that it is just and convenient to grant interim relief in this case.”

However, the judge said his order would make clear that nothing within the order “prevents (a) lawful picketing by union members and officials in accordance with the orders made in Birmingham City Council v. Unite by Dias and Calver JJ; or (b) peaceful protests whether at the depots or elsewhere that does not trespass on council land and which does not obstruct the free passage of vehicles or people”.

Mr Justice Pepperall noted that the council had chosen to use the Part 7 claim procedure in this case.

“This is unorthodox in protester claims in which the facts are unlikely to be in dispute and there is no real expectation of a final trial. While I did not hear argument on this issue, the Part 7 procedure has a number of features that would appear to make it inappropriate in this case.”

The judge added, however, that there was no application before the court for an order that the claim proceeds under Part 8 and he had not heard argument on the point.

“Further, any such application is not urgent and would have to be made on notice. Accordingly, the matter must proceed under Part 7 and Particulars of Claim will have to be served. Given the fact that the claim is itself limited to a claim for injunctive relief for a period of six months, the council should then give urgent consideration to whether it seeks an order for a speedy trial.”

The four depots covered by the injunction are: Atlas Depot on King’s Road, Tyseley in the east of Birmingham; Lifford Lane Depot on Ebury Road, Kings Norton in the south of the city; Perry Barr Depot on Holford Drive, Perry Barr in the north-west of the city; and Smithfield Depot on Sherlock Street in the city centre.

The city council said the court was yet to provide the sealed order setting out the full terms of the injunction, but it will be uploaded to this page when it is available.

“Once the Sealed Order is issued by the Court, anyone breaching the injunction could be imprisoned for up to 2 years, fined, and/or have their assets seized for contempt of court,” Birmingham said.

“It is, therefore, essential that anyone who has been involved or interested in the protests take note of the terms of the injunction as set out in the above link.”