The Court of Appeal has heard a landmark case which could have wide-ranging implications on whether local authorities can use injunctions to place a blanket ban on Travellers camping on public land.
London Gypsies and Travellers (LGT) argues that such court orders are discriminatory, disproportionate, and effectively criminalise a centuries-old way of life. Anyone found breaching the injunctions could be fined, imprisoned or have their property seized.
Bromley Council had applied for a five-year injunction preventing “persons unknown” from camping on open spaces and car parks, but was refused by the High Court in May 2019. It found that the council had not taken account of the rights, needs and welfare of Gypsies and Travellers – especially the best interests of children – nor had it considered alternative, less discriminatory solutions to the shortage of authorised sites.
On 3 December, Bromley Council appealed the decision with the backing of seven other councils in London and Essex. The outcome of this appeal could have major implications as 37 local councils in England have taken out similar injunctions in the past two years alone.
Injunction applications, by their very nature, have to be dealt with very swiftly and require specialist knowledge of injunction law and court procedures.
Our commercial litigation solicitors are experienced in both making and defending applications for injunctions and in recognising when an application for an injunction is needed.
Call Vijay Srivastava or Shalish Mehta in our civil and commercial litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.
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