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, without seeking court directions or providing adequate justification, constituted an abuse of process. The delays were not excused by the pandemic, illness, or awaiting appellate decisions, as other claimants in similar cases continued to progress their claims. The court's lack of directions did not absolve claimants of their obligation to prosecute claims diligently. The interim injunctions, particularly those against 'Persons Unknown', were improperly maintained and must be discharged.
- Citation
- [2021] EWHC 2648 (QB)
- 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) / Application 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, Alternative Service
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
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) / Application to Discharge Interim Injunctions for Abuse of Process
Legal Issues
- 1 Whether the failure to progress interim injunctions to final hearings constitutes an abuse of process
- 2 Whether interim injunctions against 'Persons Unknown' were properly obtained and maintained
- 3 Whether the claimants' conduct justified discharge of the injunctions
Ratio Decidendi
The claimants' failure to progress interim injunctions to final hearings, without seeking court directions or providing adequate justification, constituted an abuse of process. The delays were not excused by the pandemic, illness, or awaiting appellate decisions, as other claimants in similar cases continued to progress their claims. The court's lack of directions did not absolve claimants of their obligation to prosecute claims diligently. The interim injunctions, particularly those against 'Persons Unknown', were improperly maintained and must be discharged.
Court Disposition
Interim injunctions discharged for abuse of process
Orders
- Interim injunctions in the identified claims are discharged
- Claimants to take no further steps to pursue final injunctions in these proceedings without permission of the court
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment