South Cambridgeshire District Council v Persons Unknown [2004] EWCA Civ 1280 (17 September 2004)

South Cambridgeshire District Council v Persons Unknown [2004] EWCA Civ 1280 (17 September 2004)

The court has jurisdiction and power to grant an injunction against persons unknown under section 187B of the Town and Country Planning Act 1990, provided the defendants are sufficiently identified and service is effected in accordance with the rules. The Council's application met these requirements once the identification of defendants was amended and service arrangements clarified.

Citation
[2004] EWCA Civ 1280
Parties
Claimant/appellant: South Cambridgeshire District Council; Defendants/respondents: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
17 September 2004
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
appeal allowed
Legal Topics
Injunctions Against Persons Unknown, Planning Enforcement, Service of Process
Planning Law Civil Procedure Injunctions Against Persons Unknown Planning Enforcement Service of Process

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Parties

South Cambridgeshire District Council

Claimant/appellant

Persons Unknown

Defendants/respondents

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the court has power to grant an injunction against persons unknown under section 187B of the Town and Country Planning Act 1990
  2. 2 Whether the identification and service requirements for such injunctions are satisfied

Ratio Decidendi

The court has jurisdiction and power to grant an injunction against persons unknown under section 187B of the Town and Country Planning Act 1990, provided the defendants are sufficiently identified and service is effected in accordance with the rules. The Council's application met these requirements once the identification of defendants was amended and service arrangements clarified.

Court Disposition

appeal allowed

Orders

  • Injunction granted against persons unknown as amended
  • Service to be effected by placing documents in clear plastic envelopes at prominent locations on each plot