granted in respect of where there is a compelling need for the protection of the rights in the locality.
56. It is to be borne in mind that the local authority has the difficulty about responding to a new regime imposed by the Wolverhampton case. That does not mean that there is not an expectation that as the matter proceeds, there will not be a careful analysis of whether and the extent to which the continuation of the injunction is required. When the matter came before this court, what was sought was a one-year continuation of the injunction. The way in which it is drafted at the moment is that there should then be a review at the end of the year as to whether it should continue. In my judgment, a more careful evaluation is required in relation to the matter going further. There are the following matters to which I have referred in the judgment which need to be considered As this matter goes forward, there needs to be considered the absence of a formally-negotiated stopping policy. As indicated above, at the moment there is an informal policy of limited toleration of encampments. There is only the very beginning of a negotiated stopping policy. It is very difficult to supervise an informal policy of limited toleration of encampments. 57. The court going forward needs to scrutinise very carefully that the local authority is taking steps to procure a formal, negotiated stopping policy. I am told at the moment that had been in abeyance because of local elections, but those local elections have taken place. I have not been told as to whether the national elections affect any matter, but I am told that the court has been told that the local authority can now be expected to work hard on the development of a formal, negotiated stopping policy. The court was informed by 31 October 2024 it is expected that there may be a policy to put before the local council. 58. The claimant will provide an undertaking that in the event that that is not fulfilled, it will bring the matter back before the court for the court to consider any review of the injunction in light of that. In any event, it is expected that by early next year, the result of that policy and the effect of that policy and any negotiations with interested parties will all be available by way of evidence to put before the court. It will be necessary to consider the extent to which the injunction is required in the light of whatever transpires as regards the negotiated stopping policy. The court notes that it may be that at the end
Epiq Europe Ltd, Lower Ground, 46 Chancery Lane, London WC2A 1JE www.epiqglobal.com/en-gb/
261
Made with FlippingBook interactive PDF creator