London Borough of Barking and Dagenham & Ors v Persons Unknown & Ors

London Borough of Barking and Dagenham & Ors v Persons Unknown & Ors

Final injunctions against 'Persons Unknown' cannot bind newcomers who were not parties to the proceedings at the date of the order; such injunctions are not available contra mundum except in exceptional cases (e.g., to protect Convention rights). The court retains jurisdiction to vary or discharge such injunctions, especially where orders provide permission to apply. Most cohort claims failed to meet procedural requirements for service, description, and prosecution against 'Persons Unknown'.

Parties
Claimant: London Borough of Barking and Dagenham and Other Local Authorities; Defendant: Persons Unknown and Other Named Defendants; Intervener: London Gypsies and Travellers; Friends, Families and Travellers; National Federation of Gypsy Liaison Groups; Advocate to the Court: Attorney General (Advocate to the Court)
Jurisdiction
England and Wales
Judgment Date
12 May 2021
Procedural Posture
Civil (judicial Review/declaratory/injunctive Relief) / Judgment After Case Management and Substantive Hearing on Principles
Outcome
Final injunctions against 'Persons Unknown' in the cohort claims are to be discharged as against newcomers; local authorities may identify any individuals who were parties at the date of the final order. Interim injunctions must be promptly prosecuted or discontinued. Contra mundum orders are not available except in...
Legal Topics
Injunctions Against Persons Unknown, Quia Timet Relief, Article 8 ECHR (right to Respect for Private and Family Life), Equality Act 2010, Public Sector Equality Duty, Trespass, Planning Law, Anti Social Behaviour, Contra Mundum Orders
Civil Procedure Human Rights Local Government Law Injunctions Against Persons Unknown Quia Timet Relief Article 8 ECHR (right to Respect for Private and Family Life) Equality Act 2010 Public Sector Equality Duty +4 more

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Parties

London Borough of Barking and Dagenham and Other Local Authorities

Claimant

Persons Unknown and Other Named Defendants

Defendant

London Gypsies and Travellers; Friends, Families and Travellers; National Federation of Gypsy Liaison Groups

Intervener

Attorney General (Advocate to the Court)

Advocate to the Court

Procedural Posture

Civil (judicial Review/declaratory/injunctive Relief) / Judgment After Case Management and Substantive Hearing on Principles

Legal Issues

  1. 1 Whether final injunctions against 'Persons Unknown' can bind newcomers or be made contra mundum
  2. 2 Whether the court retains jurisdiction to vary or discharge final injunctions against 'Persons Unknown'
  3. 3 Whether local authorities can obtain final injunctive relief against 'Persons Unknown' under s.222 Local Government Act 1972, s.187B Town & Country Planning Act 1990, s.1 Anti-social Behaviour, Crime and Policing Act 2014, or other statutes

Ratio Decidendi

Final injunctions against 'Persons Unknown' cannot bind newcomers who were not parties to the proceedings at the date of the order; such injunctions are not available contra mundum except in exceptional cases (e.g., to protect Convention rights). The court retains jurisdiction to vary or discharge such injunctions, especially where orders provide permission to apply. Most cohort claims failed to meet procedural requirements for service, description, and prosecution against 'Persons Unknown'.

Court Disposition

Final injunctions against 'Persons Unknown' in the cohort claims are to be discharged as against newcomers; local authorities may identify any individuals who were parties at the date of the final order. Interim injunctions must be promptly prosecuted or discontinued. Contra mundum orders are not available except in...

Orders

  • Discharge of final injunctions against 'Persons Unknown' as against newcomers in specified claims
  • Local authorities granted short period to identify any defendants who were parties at the date of final order