21. The principles as to the exercise of the court's discretion under section 222 were identified in City of London Corporation v Bovis Construction Ltd [1992] 3 All ER 697 at page 714 per Bingham LJ and include:
"… the essential foundation for the exercise of the court’s discretion to grant an injunction is not that the offender is deliberately and flagrantly flouting the law but the need to draw the inference that the defendant’s unlawful operations will continue unless and until effectively restrained by the law and that nothing short of an injunction will be effective to restrain them: see Wychavon at page 89."
22. When an injunction is granted under section 222, a power of arrest may be attached to the injunction pursuant to the Police and Justice Act 2006, section 27.
The Wolverhampton case
23. Among its considerations, the Supreme Court considered many issues relating to so- called traveller injunctions against newcomer persons unknown. The court found that final injunctive relief can be granted against newcomer persons unknown, albeit that it held that such an injunction is neither interim nor final in substance and is instead a form of without notice relief; see 139. Throughout the judgment, the court examined the distinguishing features of such injunctions. The principles of when such relief can and should be granted were set out, especially at paragraph 167, where the court set out the following:
"These considerations lead us to the conclusion that, although the attempts thus far to justify them are in many respects unsatisfactory, there is no immoveable obstacle in the way of granting injunctions against newcomer Travellers, on an essentially without notice basis, regardless of whether in form interim or final, either in terms of jurisdiction or principle. But this by no means leads straight to the conclusion that they ought to be granted, either generally or on the facts of any particular case. They are only likely to be justified as a novel exercise of an equitable discretionary power if:
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