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46.Firstly, to determine whether the injunction sought falls into an established class of injunction or is “a legitimate extension of the court’s practice”, the distinguishing features of the sought after injunction require scrutiny (see paragraph 143). The features left the court in no doubt that the injunction against newcomers is a new type of injunction, pithily described as having “ no very closely related ancestor from which it might be described as evolutionary offspring, although analogies can be drawn ” (paragraph 144). 47. There is no argument that the Injunction is an injunction against newcomers. The principles of when such relief can and should be granted were then considered by the Supreme Court, particularly at paragraph 167, where the court set out its reservation, its caution and its guiding principles: " 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: i. There is a compelling need, sufficiently demonstrated by the evidence, for the protection of civil rights (or, as the case may be, the enforcement of planning control, the prevention of anti-social behaviour, or such other statutory objective as may be relied upon) in the locality which is not adequately met by any other measures available to the applicant local authorities (including the making of byelaws). This is a condition which would need to be met on the particular facts about unlawful Traveller activity within the applicant local authority’s boundaries.
ii. There is procedural protection for the rights (including Convention rights) of the affected newcomers, sufficient to overcome the strong
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