Unlawful encampment injunction

9 October 2024 – Update

The High Court has now granted a final Injunction Order to prevent unauthorised encampments across 306 sites in the London Borough of Havering and against named individuals.  

The Order sets out the terms from paragraphs 1 onwards.

Please note paragraphs 1-3. The final Injunction Order will last up until and including 19 October 2025.

Paragraph 12-15 sets out the terms to apply for the renewal of the final Order therefore there is a possibility this may be extended further.

Effect of the final Injunction Order

As set out in paragraph 19 a Defendant who is an individual who is ordered not to do something must not do it himself/herself or in any other way.

He/she must not do it through others acting on his/her behalf or his/her instructions or with his/her encouragement.

As set out in paragraph 20 a Defendant which is a corporation and which is ordered not to do something must not do it itself or by its directors, officers, employees or agents or in any other way.

Under paragraph 21 parties other than London Borough of Havering and the Named Defendants must note that it is a contempt of court for any person notified of this order knowingly to assist in or permit a breach of this Order. Any person doing so may be sent to prison, fined, or have their assets seized.

Fourth Defendant Brian Stokes and the Fourteenth Defendant Patrick Stokes

Under paragraph 4 of the final injunction order a Power of Arrest is attached to paragraphs 1 (i), 1 (ii) and 1 (iii) of the final injunction Order under Section 27 of the Police and Justice Act 2006 against the Fourth Defendant Brian Stokes and the Fourteenth Defendant Patrick Stokes.

This means that if they breach these parts of the Order they may be arrested and brought before the Court.

Documents

Any communications with the Court and / or the Council must be sent to the relevant addresses as set out in paragraph 24 and 25 of the final injunction order.

30 May 2024 - Update

In compliance with the High Court Order of the Honourable Mr Justice Eyre dated 10th May 2024, please see below the following documents.

If you wish to receive a hard copy of these documents please send your request with details of how you wish to receive them (by post to your home address or collection at reception at Havering Town Hall) to legal.services@onesource.co.uk.

21 December 2022 - Notice to 106th Defendant (Persons Unknown)

In compliance with the High Court Order of Mr Justice Eyre dated 13 December 2022, please see below.

9 August 2022 – Update on the borough wide injunction proceedings 

In compliance with the Directions Order of the honourable Mr Justice Martin Spencer on 18 May 2022 Havering Council has received notice of the trial hearing and has updated the schedule of defendants, list of sites and map of sites. 

13 July 2022 -  Update on the borough wide injunction proceedings

Following the hearing and the Directions Order of the honourable Mr Justice Martin Spencer on 18 May 2022, the Council gathered additional updated evidence by the 13 July 2022.

2 September 2021 – Update on the borough wide injunction proceedings

Our map of sites and list of sites has been updated.

1 June 2021 - Update on the borough-wide injunction proceedings

Following the hearing of 24 May 2021 and the Order of Mr Justice Nicklin of the same date the interim injunction currently held by Havering Council has been amended.  

When the interim injunction was originally granted it contained a power of arrest against persons unknown.

That power of arrest has now been discharged against persons unknown only therefore the power of arrest remains in place against the named individuals. 

Injunction granted

On the 10 September and 11 September 2019, the High Court heard the Council’s claim for an Interim Injunction to prevent unauthorised encampments across over 200 sites in the London Borough of Havering and against named individuals.

The Court was satisfied the Council had made out it’s case for the Interim Injunction to be granted whilst the matter is listed for final hearing.    

Full details of individuals affected and the land in which the Court Order applies to is contained within the Court Order and the documents listed below:

  1. Court Order sealed on 12 September 2019 
  2. Schedule 1 - List of Defendants
  3. Schedule 2 - Map of Sites
  4. Schedule 3 - List of Sites

Injunction issued

The Council issued a Part 8 Claim form for an injunction, an application notice for an interim injunction and a without notice application for alternative service of the evidence.

The without notice application for alternative service has been granted by Mr Justice Phillips in the Queen’s Bench Division, High Court of Justice. 

The interim injunction application is listed before a judge on 10 September 2019 at 10.30am for a time estimate of 2 hours in the High Court.

Court orders, documents and evidence

1. Witness statement index and bundle

2. Exhibit index and bundle

3. Police exhibit index and bundle

4. Video evidence

5. Applications bundle which includes:

  • Sealed court order in respect of alternative service 
  • Schedule 1 – List of defendants 
  • Schedule 2 – List of sites
  • Schedule 3 – Map of sites 
  • Claim form (CPR Part 8)
  • Application notice for alternative service order
  • Application notice for interim injunction  
  • Draft orders

6. Exhibit RH2 injunction - Historical map

7. Exhibit RH4 injunction - Main map

8. Notice to persons unknown in London Borough of Havering