Canterbury City Council v Persons Unknown

Canterbury City Council v Persons Unknown

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 had no jurisdiction over the defendants, rendering the injunctions a nullity. The application to extend the injunction was withdrawn, and the claim was dismissed. The court ordered the claimant to remove the injunction orders from the sites and to pay the interested party's costs.

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
Civil Injunction (persons Unknown) / Application to Extend/vary Final Injunction; Application Withdrawn and Claim Dismissed
Outcome
Claim dismissed; injunctions set aside; costs awarded to interested party
Legal Topics
Service of Claim Form, Jurisdiction Over Persons Unknown, Extension of Injunctions, Procedural Fairness, Costs Orders
Civil Procedure Injunctions Local Government Law Service of Claim Form Jurisdiction Over Persons Unknown Extension of Injunctions Procedural Fairness Costs Orders

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Parties

Canterbury City Council

Claimant

Persons Unknown

Defendants

Friends, Families and Travellers

Interested Party

Procedural Posture

Civil Injunction (persons Unknown) / Application to Extend/vary Final Injunction; Application Withdrawn and Claim Dismissed

Legal Issues

  1. 1 Whether the court had jurisdiction to extend or vary an injunction granted by final order against persons unknown
  2. 2 Whether the claim form had been validly served on any defendant
  3. 3 Whether the injunction could bind newcomers 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 had no jurisdiction over the defendants, rendering the injunctions a nullity. The application to extend the injunction was withdrawn, and the claim was dismissed. The court ordered the claimant to remove the injunction orders from the sites and to pay the interested party's costs.

Court Disposition

Claim dismissed; injunctions set aside; costs awarded to interested party

Orders

  • The interim injunction of Thornton J is discharged
  • The final injunction of 3 June 2019 is set aside