The Mayor and Burgesses of the London Borough of Enfield v Charles Snell & Ors
[2024] EWHC 2064 (KB)
Multiplex Construction Europe Limited v Persons Unknown
19 January 2024
[2024] EWHC 239 (KB)
High Court
Builders wanted to stop people illegally climbing on their building site. They asked the judge for a long-term order to stop it. The judge said they hadn't followed the right steps to get that long-term order, but he did give them a shorter-term order to keep people off the site until they do it properly.
Key Facts
- •Three claimants (Multiplex Construction Europe Ltd and two Jersey companies) sought a final prohibitory injunction against persons unknown entering their Bankside Yards construction site.
- •Previous interim injunctions had been granted and extended multiple times since July 2020 due to incidents of urban exploring.
- •A recent trespass incident on December 20, 2023, prompted the application for a final injunction, lasting until February 2027.
- •The claimants argued that urban exploring posed significant risks of injury or death.
Legal Principles
Requirements for granting final injunctions against persons unknown
Wolverhampton Council & Ors v London Gypsies and Travellers [2023] UKSC 47 and [2024] 2 WLR 45
Thirteen factors to consider when granting an interim injunction against persons unknown (following Wolverhampton case)
Wolverhampton Council & Ors v London Gypsies and Travellers [2023] UKSC 47 and [2024] 2 WLR 45
Adequacy of damages as a remedy
Implicit in the case
Outcomes
The court refused to grant a final injunction.
The proper procedure for granting a final injunction against persons unknown had not been followed; no notification had been given to the persons unknown. The court found that alternative service procedures should be considered.
The court granted a further interim injunction.
Considering the 13 factors outlined in the Wolverhampton case, and balancing convenience, the court found that an interim injunction was appropriate due to the substantial risk of harm from urban exploring.
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