Bristol City Council v Persons Unknown [2025] EWCC 53 (25 July 2025)

Bristol City Council v Persons Unknown [2025] EWCC 53 (25 July 2025)

The court found that the Claimant had established repeated trespass and anti-social behaviour by persons unknown, causing substantial harm to the Downs, public health, and the rights of the public and event organisers. The procedural and substantive requirements for both a general and anti-social behaviour injunction were satisfied, including identification of the class, clear terms, proportionality, and adequacy of service. No realistic defence was available, and damages were inadequate. The interference with Article 8 rights was justified and proportionate. A power of arrest was warranted due to significant risk of harm.

Citation
[2025] EWCC 53
Parties
Claimant: Bristol City Council; Defendants: Persons Unknown on Durdham Down, Clifton Down and Ladies Mile residing in tents, structures, caravans and other vehicles adapted for residential purposes
Jurisdiction
England and Wales
Judgment Date
25 July 2025
Procedural Posture
Part 8 Claim for Injunction (county Court) / Final Hearing and Judgment
Outcome
Final injunction and anti-social behaviour injunction granted against persons unknown, with power of arrest attached.
Legal Topics
Injunctions, Trespass, Anti Social Behaviour, Persons Unknown, Article 8 ECHR, Public Spaces, Local Authority Powers
Civil Procedure Property Law Public Law Human Rights Injunctions Trespass Anti Social Behaviour Persons Unknown +3 more

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Parties

Bristol City Council

Claimant

Persons Unknown on Durdham Down, Clifton Down and Ladies Mile residing in tents, structures, caravans and other vehicles adapted for residential purposes

Defendants

Procedural Posture

Part 8 Claim for Injunction (county Court) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether a final injunction and anti-social behaviour injunction should be granted against persons unknown occupying the Downs in tents, caravans, or vehicles for residential purposes
  2. 2 Whether the procedural and substantive requirements for such injunctions are met, including proportionality and human rights considerations
  3. 3 Whether a power of arrest should be attached to the injunction

Ratio Decidendi

The court found that the Claimant had established repeated trespass and anti-social behaviour by persons unknown, causing substantial harm to the Downs, public health, and the rights of the public and event organisers. The procedural and substantive requirements for both a general and anti-social behaviour injunction were satisfied, including identification of the class, clear terms, proportionality, and adequacy of service. No realistic defence was available, and damages were inadequate. The interference with Article 8 rights was justified and proportionate. A power of arrest was warranted due to significant risk of harm.

Court Disposition

Final injunction and anti-social behaviour injunction granted against persons unknown, with power of arrest attached.

Orders

  • Persons unknown are forbidden from entering or residing in tents, caravans, structures, or vehicles within the defined area of the Downs for residential purposes.
  • Persons unknown are forbidden from defecating or urinating (except in public toilets) and from placing waste within the defined area.