Law:

Section:

Injunction--- ----"Newcomer injunction", concept of---Scope and principles---Injunction against persons unknown---Whether the court has the power to grant injunctions against persons who are unknown and unidentified at the date of the grant of the injunction, and who have not yet performed, or even threatened to perform, the acts which the injunction prohibits---Held, that court has power to grant newcomer injunctions---However, it should only exercise this power in circumstances where there is a compelling need to protect civil rights or to enforce public law that is not adequately met by any other available remedies---Furthermore, newcomer injunctions should only be made subject to procedural safeguards designed to protect newcomers' rights---Detailed principles and pre-requisites related to grant of a newcomer injunction stated. The claimant local authorities successfully applied for a series of injunctions which were aimed at the gypsy and traveller community and targeted unauthorised encampment or use of land. The majority of the injunctions were against "persons unknown", with varying descriptions. In some cases only interim injunctions had been granted and in others final injunctions had been made. Following applications by some of the local authorities to extend or renew their injunctions, a group of 38 claims was identified in which similar issues arose for determination, in particular whether a final injunction granted against persons unknown was subject to the principle that final injunctions would only bind the parties to the proceedings or whether final injunctive relief could be granted to a local authority against "newcomers" who could not be identified as parties by the date when the application for a final injunction was heard. The judge held that, whilst interim injunctions could be made against persons unknown, final injunctions could only be made against parties who had been identified and had had an opportunity to contest the final order sought, so that the court could not grant final injunctions that prevented persons unknown and unidentified at the date of the order (ie newcomers), from occupying and trespassing on local authority land.…

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