London Borough of Redbridge v Stokes & Ors [2018] EWHC 4076 (QB) (23 November 2018)

London Borough of Redbridge v Stokes & Ors [2018] EWHC 4076 (QB) (23 November 2018)

The injunction is necessary, proportionate, and just to prevent further unauthorised encampments and associated harms in Redbridge, given the scale and impact of past incursions, the ineffectiveness of alternative measures, and the claimant's compliance with its equality and human rights obligations. The order balances the rights of the travelling community with the need to protect residents, businesses, and public health.

Citation
[2018] EWHC 4076
Parties
Claimant: London Borough of Redbridge; Defendants: Martin Stokes and 99 other named defendants and persons unknown forming or intending to form unauthorised encampments in London Borough of Redbridge
Jurisdiction
England and Wales
Judgment Date
23 November 2018
Procedural Posture
Claim for Injunction Under CPR Part 8 / Final Hearing
Outcome
Injunction granted for three years until 23 November 2021.
Legal Topics
Injunctions, Unauthorised Encampments, Traveller Rights, Proportionality, Public Sector Equality Duty
Civil Procedure Local Government Law Human Rights Injunctions Unauthorised Encampments Traveller Rights Proportionality Public Sector Equality Duty

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Parties

London Borough of Redbridge

Claimant

Martin Stokes and 99 other named defendants and persons unknown forming or intending to form unauthorised encampments in London Borough of Redbridge

Defendants

Procedural Posture

Claim for Injunction Under CPR Part 8 / Final Hearing

Legal Issues

  1. 1 Whether a borough-wide injunction against named defendants and site-specific injunction against persons unknown is appropriate, proportionate, and necessary to prevent unauthorised encampments and associated harms in Redbridge
  2. 2 Whether the relief sought is compatible with the Human Rights Act 1998 and the Equality Act 2010

Ratio Decidendi

The injunction is necessary, proportionate, and just to prevent further unauthorised encampments and associated harms in Redbridge, given the scale and impact of past incursions, the ineffectiveness of alternative measures, and the claimant's compliance with its equality and human rights obligations. The order balances the rights of the travelling community with the need to protect residents, businesses, and public health.

Court Disposition

Injunction granted for three years until 23 November 2021.

Orders

  • Borough-wide injunction against named defendants prohibiting unauthorised encampments, occupation of land without permission, and depositing waste within Redbridge.
  • Site-specific injunction against persons unknown prohibiting unauthorised encampments and related activities on 240 listed sites within Redbridge.