header-logo header-logo

19 January 2024
Issue: 8055 / Categories: Legal News , Property
printer mail-detail

NLJ this week: ‘Newcomers’ & other ‘without notice’ injunctions

153988
The Supreme Court recently handed down guidance, in a recent case, on injunctions binding ‘newcomers’—an example being a bunch of noisy protesters; such an injunction would apply to the current bunch and also to potential protesters (newcomers) who have not yet arrived

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. 

MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll