High Court Judgment Template

MR JUSTICE FREEDMAN:

Introduction

1. This is an application for the continuation of an injunction against the 116th defendant, persons unknown. The injunction would have run out on 3 April 2024. The matter was heard by me on 2 April 2024 on the application for the continuation of an injunction. On that occasion, a short extension was sought. Ms Bolton, who has acted as the leader in relation to this matter, leading Dr Pratt, was unable to conduct the hearing on that day, and the matter was adjourned to a hearing on 15 May 2024 in order to enable her to appear. The original injunction was made on 4 April 2019 by HHJ Dight, CBE, sitting as a deputy judge of the High Court. The injunction served its purpose as regards the named defendants. The only issue now arises in respect of the 116th defendant, Unknown Persons. 2. Any order must take into account the effect of the judgment of the Supreme Court in the case of Wolverhampton City Council and others v The London Gypsies and Travellers and others [2023] UKSC 47; [2024] 2 WLR 45. As a result of that case, to which reference will be made, the injunction application against persons unknown is to be treated as an application made on a without notice basis. 3. On 2 April 2024 I made various observations as regards matters that were troubling the court and identified aspects of the evidence on which the court would wish to be informed prior to considering a longer-term injunction. Following that hearing, there was further evidence that was filed comprising the third statement of Mr Nicholas Waite, dated 12 April 2024, giving evidence about permanent sites under management or control in the area of the borough. There was the second statement of Emma Bethell, dated 19 April 2024, about service of the order that was made following the 2 April 2024 hearing. Further, there was evidence from Joanne Brombley, dated 23 April 2024, about the local plans and assessment of requirements. Finally, there was a third witness statement of Mr Christopher Williams, about the effect of the injunctions and other methods of preventing unauthorised encampments.

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