Gypsy and Traveller Community

January 22nd, 2020

In Bromley v Persons Unknown (2020) EWCA Civ 12 the Court of Appeal set out relevant law in relation to (1) Quia Timet Injunctions Against Persons Unknown (paragraphs 29-35 inclusive), (2) Quia Timet Injunctions to Prevent Likely Trespass (paragraphs 36-39 inclusive), (3) ECHR Article 8 and the Gypsy and Traveller Community (paragraphs 40-48 inclusive), and (4)(i) Relevant Statutes, including the Equality Act 2010 and the PSED (paragraphs 49-53 inclusive), (ii) Guidance in relation to unauthorised emcampments (paragraphs 54-56 inclusive), and (iii) the United Nations Convention on the Rights of the Child (paragraphs 57-58). The Court of Appeal next analysed the Appeal (paragraphs 59-98 inclusive)., especially in relation to proportionality, and then gave “Wider Guidance” as to how local authorities should act (paragraphs 99-109 inclusive),  in particular (paragraph 104) the principal considerations which should be at the forefront of a local authority’s mind when considering whether a Quia Timet Injunction should be sought against Persons Unknown, and where the proposed Injunction is directed towards the Gypsy and Traveller Community.

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