Wolverhampton City Council and Others (Respondents) v. London Gypsies and Travellers and Others (Appellants) [2023] UKSC 47
[2023] UKSC 47
On Appeal From: [2022] EWCA Civ 13
Parties Involved
Appellants:
- London Gypsies and Travellers
- Friends, Families and Travellers
- Derbyshire Gypsy Liaison Group
Respondents:
- Wolverhampton City Council
- Other Local Authorities
Representation
Justices:
Lord Reed (President), Lord Hodge, Lord Lloyd-Jones, Lord Briggs, Lord Kitchin
Hearing Details
This case concerns the legality and framework for granting “newcomer injunctions” to prevent unauthorized encampments by Gypsies and Travellers on local authority land.
Key Facts
- Nature of Injunctions:
- Local authorities obtained injunctions against “persons unknown” to prevent unauthorized encampments.
- The affected individuals could not be identified at the time of the injunction, and no prior breaches or threats of breaches had occurred.
- Context of Injunctions:
- Between 2015 and 2020, 38 local authorities sought such injunctions, citing statutory provisions (e.g., Section 187B of the Town and Country Planning Act 1990) and common law claims like trespass.
- These injunctions were issued without notice to the affected Gypsies and Travellers, who were not represented during the hearings.
- Review and Challenge:
- From 2020, courts reviewed the appropriateness of these injunctions.
- The High Court discharged the injunctions, holding that newcomer injunctions could only be granted on a short-term basis.
- The Court of Appeal reversed this decision, upholding the local authorities’ ability to obtain newcomer injunctions.
- Supreme Court Appeal:
- The appellants argued that newcomer injunctions disproportionately infringed on the rights of Gypsies and Travellers and lacked adequate safeguards.
Main Legal Issues
Issue 1: Does the court have the power to grant “newcomer injunctions” against unidentified individuals?
Issue 2: What principles and safeguards should apply when granting such injunctions?
Judgment
The Supreme Court unanimously dismissed the appellants’ appeal, affirming that courts have the power to grant newcomer injunctions, but only under stringent conditions to ensure fairness and proportionality.
Observations and Legal Principles
Nature of Newcomer Injunctions:
- These injunctions apply to unidentified individuals and aim to prevent future unauthorized acts.
- They offer an effective remedy where traditional processes (e.g., eviction or proceedings against named individuals) are inadequate due to the transient nature of encampments.
Jurisdiction to Grant Newcomer Injunctions:
- Courts’ power to grant injunctions is broad and grounded in equity, as confirmed by Section 37(1) of the Senior Courts Act 1981.
- The equitable principles underpinning injunctions allow courts to develop remedies to address new circumstances.
Guiding Principles for Newcomer Injunctions:
- Compelling Need:
- Newcomer injunctions should only be granted when there is a compelling need to protect civil rights or enforce public law, and no alternative remedies are adequate.
- Procedural Safeguards:
- Applications must be widely advertised to ensure affected groups or their representatives can participate.
- Granted injunctions must be displayed prominently, informing newcomers of their right to challenge them in court without proving changed circumstances.
- Local Authorities’ Duties:
- Authorities must disclose any relevant information that a newcomer might raise in opposition, reflecting the interests of Gypsies and Travellers.
- Scope and Duration:
- Injunctions must be limited in time and geographic scope to prevent disproportionate impacts.
- Just and Convenient Test:
- The court must ensure that granting the injunction is just and convenient based on the case’s specific facts.
Safeguards for Future Cases:
- Safeguards will evolve as courts gain more experience with newcomer injunctions.
Decision
The Supreme Court upheld the power to grant newcomer injunctions but emphasized strict procedural and substantive safeguards to balance the rights of Gypsies and Travellers with the enforcement needs of local authorities.
