Newcomer Injunctions

November 29th, 2023 by James Goudie KC

WOLVERHAMPTON CITY COUNCIL AND OTHERS v LONDON GYPSIES AND TRAVELLERS ( 2023 ) UKSC 47 concers Injunctions obtained by local authorities to prevent unlawful encampments by Gypsies and Travellers. The Supreme Court holds that the Courts have power to grant “ Newcomer Injunctions .” “ Newcomers “ are 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. However, the Supreme Court says that the power should be exercised only in circumstances where there is a compelling need to protect civil rights or to enforce public law that is not met by any other available remedies. In addition, “ Newcomer Injunctions “ should be made subject to procedural safeguards to protect newcomers’ rights.

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