KB-2024-004175 - [2025] EWHC 2050 (KB)
Fecha: 01-Ago-2025
Procedural Requirement – Notice of the Hearing
Procedural Requirement – Notice of the Hearing
Each of the Named Defendants was served with the Order of Tipples J or Murray J as applicable to their cases. Those Orders listed this hearing on their face and the other service provisions of each of those orders have been complied with. The applicable certificates of service were produced in the procedural bundle prepared by the Claimant for the hearing.
The Claimant drew my attention to the fact that four bundles had been sent to the last known address of the fourth Named Defendant (Najam Shah) but had been returned unopened with an indication that he was no longer at that address. I am nonetheless satisfied that he has been properly served in accordance with the terms of the earlier Orders.
The Persons Unknown Defendants have been served with notice of this hearing in accordance with the service provisions of the earlier Orders of Murray J and Tipples J and the Certificates of Service were also before me in the Claimant’s procedural bundle. I am entirely satisfied that by discharging the comprehensive notification requirements in the Orders of Tipples J and Murray J the Claimant has taken all reasonable steps to draw its application to the attention of Persons Unknown in accordance with the decision of the Supreme Court in Wolverhampton City Council & Ors v London Gypsies and Travellers & Ors [2024] AC 983.
- Heading
- Section 1
- The Claim
- Factual Background
- Procedural History
- This Application
- Procedural Requirement – Notice of the Hearing
- The Law
- Article 10 and Article 11 rights: proportionality
- Article 10 and 11 rights: Trespass
- Persons Unknown
- Evidence
- Decision
- Requirements for the Grant of a Final Injunction
- Articles 10 and 11 of the ECHR
- Review of the Injunction against Persons Unknown
- Form of Order
- Length of the Order
- Conclusion
- Postscript: Costs Order D19 and D20
- ANNEXE A
- and
- Defendants
- For the purpose of this Order
- INJUNCTION Until and including 25 July 2030, the First to Seventh Defendants , Eighth to Eleventh Defendants (Persons Unknown), Fourteenth Defendant, Sixteenth Defendant, Seventeenth Defendant, Nineteenth Defend
- Service and notification Pursuant to CPR rules 6.15 and 6.27, the Claimant has permission to serve the First to Seventh Defendants, Fourteenth Defendant, Sixteenth Defendant, Seventeenth Defendant, Nineteenth Defendant and th
- Liberty to Apply
- The Order against the Eighth to Eleventh Defendants (Persons Unknown) shall be reviewed at a hearing no later than 25 July 2026 (or as near to that date as the court can reasonably accommodate), with
- All communications with the Court about this Order should be sent to [email protected] or Room E03 Royal Courts of Justice, Strand, London WC2A 2LL. The Telephone number is 020 3938
- Costs
- No Order as to costs against the Eighth to Eleventh Defendants (Persons Unknown) Dated 25 July 2025
- Interpretation of this Order In this Order, references to ‘the Defendant’ means any or all of them (unless expressly stated otherwise)
- An Order requiring ‘the Defendant’ not to do anything applies to all Defendants Conclusions