Basingstoke & Deane Borough Council & Anor v Loveridge & Ors [2025] EWHC 738 (KB) (28 March 2025)

Basingstoke & Deane Borough Council & Anor v Loveridge & Ors [2025] EWHC 738 (KB) (28 March 2025)

The court found a compelling need for the injunction based on evidence of past and potential future harm from unauthorised encampments, the inadequacy of alternative remedies, compliance with procedural protections, and the proportionality of the order. The requirements set out in Wolverhampton and Vastint were satisfied. The injunction is justified as exceptional, temporally and geographically limited, and necessary to protect the interests of the inhabitants of the Borough.

Citation
[2025] EWHC 738 (KB)
Parties
Claimant: Basingstoke & Deane Borough Council; Claimant: Hampshire County Council; Defendant: Henry Loveridge; Defendant: Other Named Defendants (2-115); Defendant: Persons Unknown who are forming unauthorised encampments in the Borough of Basingstoke and Deane
Jurisdiction
England and Wales
Judgment Date
28 March 2025
Procedural Posture
Application for Renewal of Injunction / Hearing and Judgment on Renewal Application
Outcome
Injunction renewed for a further 12 months against persons unknown forming unauthorised encampments in the specified area.
Legal Topics
Injunctions Against Persons Unknown, Traveller Injunctions, Planning Control Enforcement, Local Authority Powers, Human Rights (article 8 Echr)
Public Law Planning Law Civil Procedure Injunctions Against Persons Unknown Traveller Injunctions Planning Control Enforcement Local Authority Powers Human Rights (article 8 Echr)

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Parties

Basingstoke & Deane Borough Council

Claimant

Hampshire County Council

Claimant

Henry Loveridge

Defendant

Other Named Defendants (2-115)

Defendant

Persons Unknown who are forming unauthorised encampments in the Borough of Basingstoke and Deane

Defendant

Procedural Posture

Application for Renewal of Injunction / Hearing and Judgment on Renewal Application

Legal Issues

  1. 1 Whether there is a compelling need for renewal of the injunction against persons unknown forming unauthorised encampments
  2. 2 Whether the statutory and equitable requirements for such an injunction are met
  3. 3 Whether procedural protections for affected persons are adequate

Ratio Decidendi

The court found a compelling need for the injunction based on evidence of past and potential future harm from unauthorised encampments, the inadequacy of alternative remedies, compliance with procedural protections, and the proportionality of the order. The requirements set out in Wolverhampton and Vastint were satisfied. The injunction is justified as exceptional, temporally and geographically limited, and necessary to protect the interests of the inhabitants of the Borough.

Court Disposition

Injunction renewed for a further 12 months against persons unknown forming unauthorised encampments in the specified area.

Orders

  • Renewal of injunction for 12 months against persons unknown forming unauthorised encampments and depositing waste in the defined area of Basingstoke and Deane.
  • Power of arrest attached to the injunction.