The Legal Services team at Barking and Dagenham Council has this month successfully obtained an interim ‘borough wide unauthorised encampment injunction’ for Thurrock Council.
The move comes just months after the case of Bromley v Persons Unknown, where a High Court judge significantly reduced the scope of the interim injunction in that case to include a prohibition on fly tipping only.
Barking’s Legal Services team worked with Caroline Bolton of Radcliffe Chambers, who obtained the first such injunction for Harlow, on obtaining Thurrock’s interim injunction on 3 September 2019.
The team said the injunction prevented named individuals from setting up camps ‘without lawful permission’ on any site within the borough. “These named individuals are identified as having set up camp and engaged in fly tipping, anti-social behaviour, criminal damage, threats, intimidation and open defecation.”
The injunction also prevent persons unknown, who have not been identified, from setting up such camps on a number of identified sites within the borough.
The Legal Services team said that Thurrock had produced a significant volume of evidence for the Court, supported by legal argument.
“The High Court considered the impact of the Bromley decision, and was satisfied that nonetheless Thurrock Council had made out a case for their interim injunction to be granted in full terms,” it added.
“This case demonstrates the importance of a thorough and robust evidence gathering and decision-making process in these complex cases.”
Cllr Dominic Twomey, Barking and Dagenham’s Deputy Leader and Cabinet Member for Finance, Performance and Core Services, said: “One again our Legal Service have been able to deliver a successful outcome on behalf of another local authority, albeit on a judgement which on the face of it, would not have been a walk in the park.
“The Barking and Dagenham Legal Service is proving to be a leader in its field and I would like to thank the staff for a job well done.”