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 a nullity. Injunctions granted must be set aside and the claim dismissed.

Citation
[2020] EWHC 3153 (QB)
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 Procedural Validity
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

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 18 Party arguments 2 Amounts and remedies 2
Sign in to unlock

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 Procedural Validity

Legal Issues

  1. 1 Whether the claim form was validly served on defendants
  2. 2 Jurisdiction to extend or vary a final injunction
  3. 3 Legality of injunctions against persons unknown

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 a nullity. Injunctions granted must be set aside and the claim dismissed.

Court Disposition

Claim dismissed; injunctions set aside

Orders

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