London Borough of Redbridge v Stokes & Ors

London Borough of Redbridge v Stokes & Ors

The injunction is appropriate, proportionate, and necessary given the scale and impact of unauthorised encampments, the failure of alternative measures, and the claimant's compliance with its statutory and human rights obligations. The relief is justified for a limited period of three years, balancing the interests of all parties.

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
Civil (injunction Under CPR Part 8) / Final Hearing and Judgment
Outcome
Injunction granted for three years until 23 November 2021
Legal Topics
Injunctions, Anti Social Behaviour, Planning Control, Equality Impact Assessment, Trespass, Public Health, Proportionality, Article 8 ECHR
Civil Procedure Local Government Law Human Rights Law Injunctions Anti Social Behaviour Planning Control Equality Impact Assessment Trespass +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 8
Sign in to unlock

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

Civil (injunction Under CPR Part 8) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether a borough-wide injunction against named and unknown defendants is appropriate, proportionate, and necessary to prevent unauthorised encampments and associated anti-social behaviour in Redbridge
  2. 2 Whether the rights of the travelling community and others are adequately balanced against the interests of residents and businesses
  3. 3 Whether the local authority has the power to seek relief in respect of both public and private land within its boundaries

Ratio Decidendi

The injunction is appropriate, proportionate, and necessary given the scale and impact of unauthorised encampments, the failure of alternative measures, and the claimant's compliance with its statutory and human rights obligations. The relief is justified for a limited period of three years, balancing the interests of all parties.

Court Disposition

Injunction granted for three years until 23 November 2021

Orders

  • Borough-wide injunction granted against named defendants prohibiting unauthorised encampments, occupation of land without permission, and depositing waste within Redbridge
  • Injunction granted against persons unknown in respect of 240 mapped and listed sites within the borough, prohibiting unauthorised encampments and related activities