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19 January 2024
Issue: 8055 / Categories: Legal News , Property
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NLJ this week: ‘Newcomers’ & other ‘without notice’ injunctions

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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
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