The Revival Of Injunctions Against Persons Unknown

In an important judgment handed down on 13 January 2022, the Court of Appeal held that the court has jurisdiction to grant final injunctive relief against unknown persons who may – in the future – set up unauthorised encampments.  Although the judgment principally concerned unauthorised encampments, it is not limited to such cases and has wide-reaching implications for injunctions against persons unknown generally.

Michelle Caney, led by Mark Anderson QC of No 5 Chambers, successfully appeared on behalf of Wolverhampton City Council, one of the fifteen local authority appellants.  Michelle also acted on behalf of Wolverhampton City Council in the High Court to secure an injunction prohibiting unauthorised encampments on 60 sites.

In this article, Michelle explains the key developments leading up to the judgment and analyses its effect and the implications for future cases.

A link to the judgment can be found here.

To view the article please click here.