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

19 January 2024
Issue: 8055 / Categories: Legal News , Property
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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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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