The Royal Borough of Greenwich made an application seeking an injunction against Traveller encampments on 27 parcels of land. London Gypsies and Travellers (LGT) intervened in this matter and were represented by Chris Johnson of CLP. The final hearing took place in the King’s Bench Division in the Royal Courts of Justice in London on 18 October. HHJ Cotter was not satisfied that the evidence provided by the council justified the grant of such a wide injunction. After a short adjournment the barrister for the council, Steven Woolf (who has been involved in other cases for local authorities seeking wide injunctions), asked that the matter should be adjourned generally which the judge agreed to. LGT have asked the council to:

1. Re-consider whether they really need an injunction at all ( which LGT argue they do not)
2. Re-consider whether transit provision is required
3. Create a proper negotiated stopping agreement

Watch this space!

A blog about the above by Marc Willers and Ollie Persey of Garden Court Chambers and Chris Johnson of CLP has gone up on the Travellers Times Website:

https://www.travellerstimes.org.uk/index.php/features/lawyers-launch-high-court-challenge-anti-trespass-law

A second online training session on the criminalisation of trespass powers introduced by the Police Act has been organised by Friends, Families and Travellers for Wednesday 27 July at 6pm. The session will be presented by Chris Johnson of TAT. You can find full details and how to register here: https://www.gypsy-traveller.org/news/second-policing-act-workshop-understanding-the-new-powers-and-the-impact-on-nomadism/

Lisa Smith -v- The Secretary of State for Levelling Up, Housing and Communities and Others [2021] EWHC 1650 (Admin) 17 June 2021

The Government’s planning policy for Gypsy and Traveller caravan sites is contained in Planning policy for traveller sites (PPTS). Applicants who are covered by this policy benefit from a number of advantages, including a somewhat more relaxed approach to rural development. In the original version of PPTS, published in 2012, the policy was stated to apply to:

Police, Crime,  Sentencing and Courts Act

In November 2019, the Home Office launched a consultation entitled ‘Strengthening police powers to tackle unauthorised encampments’. This sought views on ‘broadening the existing categories of criminal trespass’. On 8 March 2021, the Government produced its response to that consultation, in which it indicated the intention to introduce a new criminal offence relating to trespass. The new offence was contained in Part 4 of the Police, Crime, Sentencing and Courts Bill (PCSCB) which received its first reading the next day. The Act received the Royal Assent on 28 April 2022.

LB Barking & Dagenham and others v Persons Unknown and others [2022] EWCA Civ 13, 13 January 2022.

Over the last 6 years, some 38 councils in England have obtained what have become known as ‘borough-wide’ injunctions prohibiting ‘persons unknown’ from camping on numerous sites and large swathes of public land within the boundaries of each local authority. Such injunctions have a disproportionate effect on nomadic Gypsies and Travellers, particularly given the long-standing shortage of lawful sites for them to camp on.