Hinckley & Bosworth Borough Council v Kathleen Anne Morrison & Ors

Hinckley & Bosworth Borough Council v Kathleen Anne Morrison & Ors

The court found that the materials before it, including witness statements and the skeleton argument, established a triable issue, that damages would be inadequate, and that urgent interim relief was necessary to prevent further unauthorised development. The balance of convenience strongly favoured granting the interim injunction, and the without notice nature of the application was justified by the risk of accelerated unlawful activity if notice were given.

Parties
Claimant: Hinckley & Bosworth Borough Council; Defendant: Kathleen Anne Morrison; Defendant: Levi Sykes; Defendant: Isaac Draper; Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
06 May 2021
Procedural Posture
Civil / Interim Injunction Application, Ex Parte, Urgent Hearing
Outcome
Interim injunction granted without notice
Legal Topics
Interim Injunctions, Unauthorised Development, Without Notice Applications, Service of Orders
Planning Law Civil Procedure Interim Injunctions Unauthorised Development Without Notice Applications Service of Orders

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Parties

Hinckley & Bosworth Borough Council

Claimant

Kathleen Anne Morrison

Defendant

Levi Sykes

Defendant

Isaac Draper

Defendant

Persons Unknown

Defendant

Procedural Posture

Civil / Interim Injunction Application, Ex Parte, Urgent Hearing

Legal Issues

  1. 1 Whether an interim injunction should be granted to restrain further unauthorised development on land
  2. 2 Whether the application can properly proceed without notice to the defendants
  3. 3 Whether service against persons unknown is justified

Ratio Decidendi

The court found that the materials before it, including witness statements and the skeleton argument, established a triable issue, that damages would be inadequate, and that urgent interim relief was necessary to prevent further unauthorised development. The balance of convenience strongly favoured granting the interim injunction, and the without notice nature of the application was justified by the risk of accelerated unlawful activity if notice were given.

Court Disposition

Interim injunction granted without notice

Orders

  • Interim injunction prohibiting further developmental activity, bringing of caravans, occupation by new persons, bringing machinery, storage containers, spreading building materials or waste, expanding hardstanding, erecting fences on the land
  • Order to be served by multiple modes including personal service, delivery, attaching copies to caravans/mobile homes, and by stakes at the main entrance