The Council had taken out an injunction under section 187B of the 1990 Act to prevent unknown persons placing caravans on certain lands. The defendants acted in breach of those injunctions, and the Council requested their committal for contempt. The defendant now appealed against committal.
Held: The appeal failed. a person became a party to proceedings by the very act of infringing the order: ‘In each of these appeals the appellant became a party to the proceedings when she did an act which brought her within the definition of defendant in the particular case’
Judges:
Sie Anthony Clarke MR
Citations:
[2006] 1 WLR 658, [2005] EWCA Civ 1429
Links:
Statutes:
Town and Country Planning Act 1990 187B
Jurisdiction:
England and Wales
Cited by:
See Also – South Cambridgeshire District Council v Gammell and others QBD 7-Dec-2007
. .
Cited – Broxbourne Borough Council v Robb and Others QBD 27-Jun-2011
The Council applied for the committal of the defendant for an alleged breach of a without notice injunction. Notice of the injunction had been placed at the site, requiring nobody to move caravans onto the land.
Held: The application . .
Cited – Ineos Upstream Ltd and Others v Persons Unknown and Others ChD 23-Nov-2017
The claimant sought an injunction expressed to be against unknown persons.
Held: Morgan J expressed a degree of concern about orders having this effect, but concluded that (particularly in light of the South Cambridgeshire decision) this . .
Cited – Vastint Leeds Bv v Persons Unknown ChD 24-Sep-2018
The claimant company sought a final injunction to prevent others occupying its land in Leeds. It was a quia timet injunction anticipating future acts of occupation by caravans, fly-tipping and use of the land for illegal raves.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Planning, Contempt of Court
Updated: 12 April 2022; Ref: scu.441228