Flag injunction: third hearing set as costs pass £5,000

Birmingham City Council's attempt to win a High Court injunction over flags tied to lampposts and bridges will return to court for a third time next month.

The council says the third hearing of its application for an interim injunction will take place at Birmingham Civil and Family Justice Centre on Bull Street on Monday 2 November 2026 at 10.30am.

The second hearing, held at the same court on 30 September, was adjourned to give the defendants enough time to present their case to the judge. The first hearing took place on 8 September.

What the council wants

The council's application seeks to stop flags being attached to street furniture and highway infrastructure without permission. It also seeks to prevent people obstructing the highway in connection with that activity, interfering with council officers or contractors removing the flags, and behaving in a way alleged to amount to harassment, alarm or distress towards council staff, contractors, councillors and members of the public.

The council says unauthorised attachments can create highway safety risks, block visibility, interfere with highway equipment and add to tension and disorder. Its application also refers to reported incidents of alleged intimidation, harassment and obstruction linked to putting up and taking down flags.

Seven named defendants are listed in the civil case, along with an eighth defendant described as "persons unknown".

"Lawful, proportionate and evidence-led"

Councillor Jane Baston, Cabinet Member for Equalities, Communities and Social Justice, said: "The Council is taking a lawful, proportionate and evidence-led approach to unauthorised attachments on the highway. This includes pursuing injunctive action based on the evidence gathered to date."

"Our priority is to protect public safety, staff and contractor welfare, community cohesion and the responsible use of public funds," she said. "We ask residents and community groups to support this approach and to ensure any displays are placed only where permission exists."

The cost so far

A freedom of information response, reported by Birmingham Live, showed that the council had spent more than £5,000 on the case before either hearing took place. As of 31 August, the court application fee was £984 and counsel's fees stood at £4,350, a total of £5,334.

A council spokesperson said the costs included court fees set by the court itself and the cost of instructing counsel, and that it had "taken a lawful, proportionate and evidence-led approach throughout this case".

How to follow the case

The claim documents and the hearing bundle are published on the council's website at birmingham.gov.uk/FlagsAttachmentsInjunction. Paper copies can be collected from the main reception at the Council House on Victoria Square.

Flags on street furniture have become a flashpoint in several parts of the city over the past year, with some residents seeing them as an expression of national pride and others as intimidating. The court has not yet ruled on whether an interim injunction should be granted, and the displays remain the subject of strong feeling on both sides.