Newcomer injunctions.
Luke Weldon LLM
Commercial and property dispute resolution | Focused on early resolution and positive outcomes | Partner at Carbon Law Partners | Lecturer for CILEX students
On an issue of granting "newcomer injunctions†the Supreme Court today delivered its judgement in Wolverhampton City Council and others v London Gypsies and Travellers and others. The case was in respect of Gypsies and Travellers, but the application extends to any occupation of land without permission.
Several local authorities had secured injunctions to prevent Gypsies and Travellers from camping on their land without permission. They were addressed to "persons unknown" because of issues of identifying Gypsies and Travellers in advance. ?At the time the injunctions were granted, they had not yet camped, or threatened to camp, on the land, or indeed committed any other relevant unlawful act. The injunctions were obtained without notifying any party, at hearings where the interests of Gypsies and Travellers were not represented.
The Supreme Court dismissed the appeal against such injunctions brought by the Gypsies and Travellers.
It ruled that the court has the power to grant an injunction against “newcomers†on an interim or final basis and on an application made without notice to those effected.
Such “newcomer injunctions†will bind anyone who has notice of it while it remains in force, even though that person had no intention and had made no threat to do the act prohibited at the time the injunction was granted.
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In deciding whether to grant an injunction and upon what terms, the court will be guided by principles of justice and equity.? That is, there are already sufficient safeguards in existence to protect the interests of those effected and unrepresented.
Thus, if there is an injunction in force preventing any newcomer from camping or otherwise squatting on a site, you have two options.? Apply to set aside or vary the injunction where the court will take on board those principles of justice and equity; or don’t camp or squat there at all.
Luke Weldon is a Partner at Carbon Law Partners specialising in real estate and commercial disputes. You can contact him on luke.weldon@carbonlawpartners.com or 07816 755 372.
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1 å¹´Informative update??! The Supreme Court's judgment on newcomer injunctions is a significant development. Your commitment to keeping your audience informed about crucial legal matters, especially in property law and dispute resolution, is truly appreciated. ?????