In this week’s NLJ, Caroline Shea KC and Thomas Rothwell, both of Falcon Chambers, consider the guidance and recent caselaw on this fascinating topic, and provide practical advice for practitioners.
They write that the decision in the case, Wolverhampton City Council v London Gypsies and Travellers & Ors, means a court ‘can, in principle, make an order which has the effect of binding “newcomers”, that is to say, persons of unknown identity who had made no transgression at the time the order was sought, but who later committed acts prohibited by the injunction’.
Shea and Rothwell cover the conceptual problems identified and reasoning provided by the court. They explain an injunction binding ‘newcomers’ is a species of ‘without notice’ injunctions. They set out the Supreme Court’s guidance on the subject, along with some practical advice for lawyers involved in this type of injunction.
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