Supreme Court to hear appeal over whether final ‘wide injunctions’ can bind newcomers
The Supreme Court has agreed to hear an appeal by groups representing Gypsies and Travellers over the use of ‘wide injunctions’.
In January this year the Court of Appeal ruled that Mr Justice Nicklin in the High Court was wrong to hold that the court cannot grant final injunctions against unauthorised encampment that prevent newcomers from occupying and trespassing on land.
The case of London Borough of Barking and Dagenham & Anor v Persons Unknown & Ors [2022] EWCA Civ 13 arose in the context of a number of cases in which local authorities had sought interim and sometimes then final injunctions against unidentified and unknown persons who might in the future set up unauthorised encampments on local authority land.
The Supreme Court last month granted permission to appeal to Friends, Families and Travellers (FFT), London Gypsies and Travellers (LGT) and Derbyshire Gypsy Liaison Group (DGLG).
The Supreme Court ordered that there should be no costs award either for or against the appellants.
Marc Willers KC of Garden Court Chambers, who acts for the appellants, said: “We are delighted that permission and a protective costs award have been granted by the Supreme Court in this matter.
“This is an extremely important challenge not only for Gypsies and Travellers who have to resort to staying on encampments through no fault of their own but also to others who are adversely affected by such wide Injunctions, such as environmental protesters.”
Abbie Kirkby, Policy and Public Affairs Manager at Friends, Families and Travellers said: “We are determined to continue challenging the discriminatory and disproportionate use of these injunctions.
“If local authorities do not identify suitable stopping places for nomadic communities, then they must not be allowed to use punitive measures to cover up their failings.
“There are common sense solutions to addressing the accommodation needs of Gypsies and Travellers, that work with families, not against them.”
See also: Court of Appeal cooks the (Canada) Goose - The Court of Appeal has allowed an appeal by 15 councils over whether final injunctions can be granted against ‘newcomers’. Ranjit Bhose QC and Wayne Beglan analyse the ruling.
