Mayor and Burgesses of the London Borough of Enfield v Snell & Ors [2025] EWHC 288 (KB) (12 February 2025)

Mayor and Burgesses of the London Borough of Enfield v Snell & Ors [2025] EWHC 288 (KB) (12 February 2025)

A final injunction is granted against persons unknown to prevent trespass, nuisance, and anti-social behaviour on the relevant council land, as the evidence establishes a compelling justification, damages are not an adequate remedy, and procedural requirements for service, identification, and temporal limitation are satisfied. The named defendants are discharged from proceedings, but remain subject to the prohibitions of the injunction order.

Citation
[2025] EWHC 288 (KB)
Parties
Claimant: THE MAYOR AND BURGESSES OF THE LONDON BOROUGH OF ENFIELD; Defendant: CHARLES SNELL; Defendant: DAVID SNELL; Defendant: STEPHEN MAY; Defendant: ABDELLAH TAYEB (AKA CASTRO); Defendant: MICHAL WUJEK; Defendant: PERSONS UNKNOWN
Jurisdiction
England and Wales
Judgment Date
12 February 2025
Procedural Posture
Part 8 Claim / Final Hearing and Judgment
Outcome
Final injunction granted against persons unknown; named defendants discharged from proceedings.
Legal Topics
Injunctions, Trespass, Nuisance, Anti Social Behaviour, Persons Unknown, Quia Timet Injunctions, Local Authority Powers

Case Brief

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Parties

THE MAYOR AND BURGESSES OF THE LONDON BOROUGH OF ENFIELD

Claimant

CHARLES SNELL

Defendant

DAVID SNELL

Defendant

STEPHEN MAY

Defendant

ABDELLAH TAYEB (AKA CASTRO)

Defendant

MICHAL WUJEK

Defendant

PERSONS UNKNOWN

Defendant

Procedural Posture

Part 8 Claim / Final Hearing and Judgment

  1. 1 Whether final injunctive relief should be granted against named defendants and persons unknown to prevent trespass, nuisance, and anti-social behaviour on council land
  2. 2 Whether the requirements for a 'newcomer' injunction are satisfied
  3. 3 Whether damages are an adequate remedy

Ratio Decidendi

A final injunction is granted against persons unknown to prevent trespass, nuisance, and anti-social behaviour on the relevant council land, as the evidence establishes a compelling justification, damages are not an adequate remedy, and procedural requirements for service, identification, and temporal limitation are satisfied. The named defendants are discharged from proceedings, but remain subject to the prohibitions of the injunction order.

Court Disposition

Final injunction granted against persons unknown; named defendants discharged from proceedings.

Orders

  • Final injunction prohibiting trespass, nuisance, and anti-social behaviour on the relevant area until 31 March 2027.
  • Service of the order by alternative means including physical posting, email to NBTA, and publication on Council website.