Supreme Court to rule next week in test case on local authority land and injunctions against unidentified newcomers

November 24, 2023

The Supreme Court will next week (29 November) hand down a ruling on whether courts can grant final injunctions that prevent persons, who are unknown and unidentified as at the date of the order, from occupying and trespassing on land.

The background to the case of Wolverhampton City Council and others (Respondents) v London Gypsies and Travellers and others (Appellants) is that since 2015 a number of local authorities have sought interim and then final injunctions against unidentified and unknown persons who may in the future set up unauthorised encampments on local authority land (so-called “Newcomers”).

The persons concerned fall mainly into three categories, who would describe themselves as Romani Gypsies, Irish Travellers and New Travellers.

At the Supreme Court the Appellants challenged an injunction obtained in October 2018 by Wolverhampton City Council against “persons unknown” (“the Injunction Order”)

They do so as a test case as the same issue arises in relation to a number of other local authorities who had obtained similar orders.

In London Borough of Barking and Dagenham & Ors v Persons Unknown & Ors [2021] EWHC 1201 (QB) Mr Justice Nicklin in the High Court determined that final injunctions could not apply against newcomers who were not parties to the proceedings at the date that the injunction was ordered. He therefore discharged the injunction order.

In London Borough of Barking and Dagenham & Anor v Persons Unknown & Ors [2022] EWCA Civ 13 the Court of Appeal allowed the appeal brought by Wolverhampton City Council and other local authorities and reinstated the injunction order.

The Appellants were:

(1) London Gypsies and Travellers

(2) Friends, Families and Travellers

(3) Derbyshire Gypsy Liaison Group

The Respondent(s) were:

(1) Wolverhampton City Council

(2) Walsall Metropolitan Borough Council

(3) London Borough of Barking and Dagenham

(4) Basingstoke and Deane Borough Council and Hampshire County Council

(5) London Borough of Redbridge

(6) London Borough of Havering

(7) Nuneaton & Bedworth Borough Council and Warwickshire County Council