London Borough of Redbridge v Stokes & Ors [2018] EWHC 4076 (QB) (23 November 2018)

London Borough of Redbridge v Stokes & Ors [2018] EWHC 4076 (QB) (23 November 2018)

The court held that the claimant local authority had established a compelling factual basis for borough-wide and site-specific injunctive relief due to repeated unlawful encampments, fly-tipping, and associated harm. The court found the relief sought to be necessary, proportionate, and justified under the relevant statutory powers, with adequate consideration given to the rights of the travelling community under Article 8 ECHR and the Equality Act 2010. The injunction was limited to three years to ensure proportionality.

Citation
[2018] EWHC 4076 (QB)
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
Injunction (civil) / Final Hearing
Outcome
Injunction granted for three years until 23 November 2021.
Legal Topics
Injunctions Against Trespassers, Anti Social Behaviour, Planning Control Enforcement, Proportionality Under ECHR Article 8, Equality Impact Assessment, Local Authority Powers
Civil Procedure Local Government Law Human Rights Law Injunctions Against Trespassers Anti Social Behaviour Planning Control Enforcement Proportionality Under ECHR Article 8 Equality Impact Assessment +1 more

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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

Injunction (civil) / Final Hearing

Legal Issues

  1. 1 Whether a borough-wide injunction against named defendants and site-specific injunction against persons unknown is appropriate, proportionate, and necessary
  2. 2 Whether the local authority has power to seek relief in respect of both public and private land within its boundaries
  3. 3 Whether the rights of the travelling community and Article 8 ECHR are adequately balanced against the interests of residents and businesses

Ratio Decidendi

The court held that the claimant local authority had established a compelling factual basis for borough-wide and site-specific injunctive relief due to repeated unlawful encampments, fly-tipping, and associated harm. The court found the relief sought to be necessary, proportionate, and justified under the relevant statutory powers, with adequate consideration given to the rights of the travelling community under Article 8 ECHR and the Equality Act 2010. The injunction was limited to three years to ensure proportionality.

Court Disposition

Injunction granted for three years until 23 November 2021.

Orders

  • Borough-wide injunction against the 70 named defendants prohibiting unauthorised encampments, occupation of land without permission, and depositing waste within Redbridge.
  • Site-specific injunction against persons unknown, limited to 240 mapped and listed sites within the borough, prohibiting unauthorised encampments and related activities.