London Borough of Barking and Dagenham & Anor v Persons Unknown & Ors [2022] EWCA Civ 13 (13 January 2022)

London Borough of Barking and Dagenham & Anor v Persons Unknown & Ors [2022] EWCA Civ 13 (13 January 2022)

The Court of Appeal held that the judge was wrong to conclude that final injunctions cannot be granted against persons unknown and unidentified at the date of the order (newcomers). The court reaffirmed that, provided procedural safeguards are met and the description is sufficiently certain, such injunctions may be granted. The procedure adopted by the judge was unorthodox but did not require further action as parties had not objected and most orders provided for review. Section 37 of the Senior Courts Act 1981 and section 187B of the Town and Country Planning Act 1990 impose the same procedural limitations. The court should not limit in advance the types of injunctions that may be...

Citation
[2022] EWCA Civ 13
Parties
Claimants/appellants: London Borough of Barking and Dagenham and Other Local Authorities; Defendants/respondents: Persons Unknown and Other named Defendants; Intervener: London Gypsies and Travellers; Intervener: Friends, Families and Travellers; Intervener: Derbyshire Gypsy Liaison Group; Intervener: High Speed Two (HS2) Limited; Intervener: Basildon Borough Council
Jurisdiction
England and Wales
Judgment Date
13 January 2022
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court (queen’s Bench Division)
Outcome
Appeal allowed
Legal Topics
Injunctions Against Persons Unknown, Trespass, Planning Law, Procedural Fairness, Article 8 ECHR, Section 187 B Town and Country Planning Act 1990, Section 37 Senior Courts Act 1981
Civil Procedure Public Law Human Rights Injunctions Against Persons Unknown Trespass Planning Law Procedural Fairness Article 8 ECHR +2 more

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Parties

London Borough of Barking and Dagenham and Other Local Authorities

Claimants/appellants

Persons Unknown and Other named Defendants

Defendants/respondents

London Gypsies and Travellers

Intervener

Friends, Families and Travellers

Intervener

Derbyshire Gypsy Liaison Group

Intervener

High Speed Two (HS2) Limited

Intervener

Basildon Borough Council

Intervener

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court (queen’s Bench Division)

Legal Issues

  1. 1 Whether the court can grant final injunctions against persons unknown and unidentified at the date of the order (newcomers) from occupying and trespassing on local authority land
  2. 2 Whether the procedure adopted by the judge to review final orders was proper
  3. 3 Whether section 187B of the Town and Country Planning Act 1990 validates such orders

Ratio Decidendi

The Court of Appeal held that the judge was wrong to conclude that final injunctions cannot be granted against persons unknown and unidentified at the date of the order (newcomers). The court reaffirmed that, provided procedural safeguards are met and the description is sufficiently certain, such injunctions may be granted. The procedure adopted by the judge was unorthodox but did not require further action as parties had not objected and most orders provided for review. Section 37 of the Senior Courts Act 1981 and section 187B of the Town and Country Planning Act 1990 impose the same procedural limitations. The court should not limit in advance the types of injunctions that may be...

Court Disposition

Appeal allowed

Orders

  • The judge's decision that final injunctions cannot be granted against persons unknown (newcomers) is set aside.
  • It is declared that the court can grant final injunctions against persons unknown and unidentified at the date of the order, subject to procedural safeguards.