London Borough of Havering & Ors v Persons Unknown & Ors [2021] EWHC 2648 (QB) (04 October 2021)

London Borough of Havering & Ors v Persons Unknown & Ors [2021] EWHC 2648 (QB) (04 October 2021)

The claimants' failure to progress interim injunctions to final hearings, or to seek directions from the court, constituted an abuse of process. The delays were not justified by the claimants' unilateral decisions to await appellate guidance or by the pandemic. The court's lack of directions did not absolve claimants of their obligation to prosecute claims expeditiously. The procedural defects in claims against 'Persons Unknown' further undermined the validity of the injunctions.

Citation
[2021] EWHC 2648
Parties
Claimant: London Borough of Havering; Claimant: Nuneaton & Bedworth Borough Council & Warwickshire County Council; Claimant: Rochdale Metropolitan Borough Council; Claimant: Test Valley Borough Council; Claimant: Thurrock Council; Defendant: Persons Unknown; Defendant: Other named Defendants; Intervener: London Gypsies and Travellers; Intervener: Friends, Families and Travellers; Intervener: Derbyshire Gypsy Liaison Group
Jurisdiction
England and Wales
Judgment Date
04 October 2021
Procedural Posture
Civil (high Court, Queen's Bench Division) / Post Interim Injunction, Hearing on Whether to Discharge Interim Injunctions for Abuse of Process
Outcome
Interim injunctions discharged for abuse of process.
Legal Topics
Injunctions, Abuse of Process, Persons Unknown, Travellers' Rights, Case Management
Civil Procedure Public Law Human Rights Injunctions Abuse of Process Persons Unknown Travellers' Rights Case Management

Case Brief

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Parties

London Borough of Havering

Claimant

Nuneaton & Bedworth Borough Council & Warwickshire County Council

Claimant

Rochdale Metropolitan Borough Council

Claimant

Test Valley Borough Council

Claimant

Thurrock Council

Claimant

Persons Unknown

Defendant

Other named Defendants

Defendant

London Gypsies and Travellers

Intervener

Friends, Families and Travellers

Intervener

Derbyshire Gypsy Liaison Group

Intervener

Procedural Posture

Civil (high Court, Queen's Bench Division) / Post Interim Injunction, Hearing on Whether to Discharge Interim Injunctions for Abuse of Process

Legal Issues

  1. 1 Whether the failure to progress interim injunctions to final hearings constitutes an abuse of process
  2. 2 Whether interim injunctions against 'Persons Unknown' were properly obtained and maintained
  3. 3 Compliance with procedural rules for claims against 'Persons Unknown'

Ratio Decidendi

The claimants' failure to progress interim injunctions to final hearings, or to seek directions from the court, constituted an abuse of process. The delays were not justified by the claimants' unilateral decisions to await appellate guidance or by the pandemic. The court's lack of directions did not absolve claimants of their obligation to prosecute claims expeditiously. The procedural defects in claims against 'Persons Unknown' further undermined the validity of the injunctions.

Court Disposition

Interim injunctions discharged for abuse of process.

Orders

  • Interim injunctions against the claimants are discharged.
  • Powers of arrest attached to injunctions against 'Persons Unknown' are discharged.