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Council’s Legal Service notches up another success

GavelTags Adults , Council

Barking and Dagenham Council’s Legal Services have successfully obtained a further ‘borough wide unauthorised encampment injunction’. Working with Caroline Bolton, of Radcliffe Chambers, who obtained the first such injunction for Harlow, the London council assisted Thurrock Council in obtaining its own interim injunction on 3 September 2019.

The injunctions prevent named individuals from setting up camps ‘without lawful permission’ on any site within the borough. These named individuals are identified as having set up camp and engaged in fly tipping, anti-social behaviour, criminal damage, threats, intimidation and open defecation. The injunctions also prevent persons unknown, who have not been identified, from setting up such camps on a number of identified sites within the borough.

This is the first injunction of this nature since the decision in the High Court in the case of Bromley v Persons Unknown. The High Court significantly reduced the scope of the injunction in the Bromley case to include a prohibition on fly tipping only, which cast some doubt around the scope of ‘borough-wide injunctions’.

On 3 September, Thurrock Council produced a significant volume of evidence for the Court, supported by legal argument. The High Court considered the impact of the Bromley decision, and was satisfied that nonetheless Thurrock Council had made out a case for their interim injunction to be granted in full terms.

This case demonstrates the importance of a thorough and robust evidence gathering and decision-making process in these complex cases.

One again our Legal Service have delivered a successful outcome on behalf of another local authority ... the Barking and Dagenham Legal Service is proving to be a leader in its field, and I would like to thank staff for a job well done.

Councillor Dominic Twomey, Deputy Leader and Cabinet Member for Finance, Performance and Core Services, said: “One again our Legal Service have been able to deliver a successful outcome on behalf of another local authority, albeit on a judgement which on the face of it, would not have been a walk in the park.

“The Barking and Dagenham Legal Service is proving to be a leader in its field and I would like to thank the staff for a job well done.”

Barking and Dagenham Council’s Legal Services have previously obtained injunctions for the London boroughs of Barking and Dagenham and Redbridge respectively. The service works in co-operation with others and can provide assistance for councils who are considering applications of this nature. For further information or an initial discussion, please contact adam.rulewski@lbbd.gov.uk 
 

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