Canterbury City Council v Persons Unknown [2020] EWHC 3153 (QB) (30 October 2020)

Canterbury City Council v Persons Unknown [2020] EWHC 3153 (QB) (30 October 2020)

The claim form was not validly served on any defendant, no order for alternative service was made, and the period for service expired. The court therefore lacked jurisdiction over the defendants, rendering the proceedings and injunctions a nullity. Previous injunctions must be set aside and the claim dismissed.

Citation
[2020] EWHC 3153
Parties
Claimant: Canterbury City Council; Defendants: Persons Unknown; Interested Party: Friends, Families and Travellers
Jurisdiction
England and Wales
Judgment Date
30 October 2020
Procedural Posture
Part 8 Claim / Application to Extend/modify Final Injunction; Hearing on Validity of Service and Jurisdiction
Outcome
Claim dismissed; injunctions set aside
Legal Topics
Injunctions Against Persons Unknown, Service of Claim Form, Jurisdiction, Trespass, Gypsies and Travellers, Costs
Civil Procedure Public Law Injunctions Against Persons Unknown Service of Claim Form Jurisdiction Trespass Gypsies and Travellers Costs

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Parties

Canterbury City Council

Claimant

Persons Unknown

Defendants

Friends, Families and Travellers

Interested Party

Procedural Posture

Part 8 Claim / Application to Extend/modify Final Injunction; Hearing on Validity of Service and Jurisdiction

Legal Issues

  1. 1 Whether the claim form was validly served on persons unknown defendants
  2. 2 Whether the court had jurisdiction to grant or extend a final injunction against persons unknown
  3. 3 Whether the description of defendants could be amended after final order

Ratio Decidendi

The claim form was not validly served on any defendant, no order for alternative service was made, and the period for service expired. The court therefore lacked jurisdiction over the defendants, rendering the proceedings and injunctions a nullity. Previous injunctions must be set aside and the claim dismissed.

Court Disposition

Claim dismissed; injunctions set aside

Orders

  • Interim injunction of Thornton J discharged
  • Final injunction of 3 June 2019 set aside