Councils Win Appeal Which Clarifies Law On Preventative Injunctions

• Published date: 14 January 2022
• Subject Matter: Litigation, Mediation & Arbitration, Real Estate and Construction, Trials & Appeals & Compensation, Real Estate
• Law Firm: Gatehouse Chambers
• Author: Mr Steven Woolf

London Borough of Barking and Dagenham & Anor v Persons Unknown & Ors [2022] EWCA Civ 13

On 24^th May 2021, Mr Justice Nicklin held that it was not permissible to obtain final injunctions against persons unknown unless it was possible to identify such persons, and to serve them with the proceedings in accordance with court rules. Further, he held that it was never appropriate to make injunctions against newcomers- i.e. persons who came onto the land subsequent to the injunction being ordered.

Steven Woolf, together with a number of other leading and junior counsel, appealed the decision to the Court of Appeal. In a judgment handed down by the Master of the Rolls on 13^th January 2022, the Court of Appeal has found in favour of local authorities who wish to obtain such injunctions against persons unknown where an action involving a public nuisance was anticipated. Click here to read the full judgment.

The decision means that the law is in place to grant injunctive relief when a local authority identifies a need to protect the public from unlawful actions amounting to a public nuisance.

It also re-affirms the previously understood law in...