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equitable injunction granted in recent times; see paragraphs 108 – 125 of Wolverhampton.
42.Importantly, the Supreme Court considered so-called Traveller Injunctions against newcomer persons unknown. The Court ruled 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 paragraph 139. In essence, the Court considered the reasoning that since an interim injunction is designed only to hold the ring, pending trial between the served parties, its use against newcomers for any other purpose would fall outside the principles that regulate the granting of interim injunctions. It then considered the South Cambridgeshire District Council v Gammell [2005] EWCA Civ 1429 ( Gammell) solution that a newcomer becomes a defendant by acting in breach of the interim injunction and the tidy solution to both issues as it makes the newcomer a party and at that point justifies the interim injunction against newcomers as- as put by the Supreme Court – a way of smoking them out before trial. 43.In its consideration of this issue, the Supreme Court said that the focus on the duality of interim and final injunctions was unhelpful as a means of providing a remedy to the risk of a right being breached. The Supreme Court considered that the injunction against newcomers is a without notice injunction or –in old language- an ex parte injunction. 44. The Supreme Court considered that the evaluation of potential injustice inherent in the process of granting injunctions against newcomers is more likely to be reliable if there is no assumption that the newcomer affected is a person who “is so regardless of the law” that they will commit a breach of the injunction. 45. From recognition that injunctions against newcomers are always a form of without notice injunction, whether in interim or final form, the starting point is whether they should be made at all and if so by reference to what principles and subject to what safeguards.
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