Test Valley Borough Council has won an appeal against a high court decision ending the blanket use of injunctions against unauthorised camps.

The Court of Appeal has issued a judgement ruling that Judge Nicklin was wrong to hold that final injunctions cannot be made against persons unknown and that the procedure he adopted was unorthodox.

In May last year, Judge Nicklin had ruled that an interim injunction against ‘persons unknown’ were illegal, and that the power of arrest was also likely to be ended in these cases.

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The high court order was issued nearly a year after the TVBC got an interim injunction to prohibit unauthorised traveller incursions in and around Andover by named and unnamed individuals.

The interim injunction was granted by Judge Bird who had cited deeply unpleasant antisocial behaviour, serious and criminal damage effected by visitors, profound nuisance to persons in the locality and patent and real risks to the health of those who live close by in his order.

TVBC Cllr Phil North, who welcomed the Court of Appeal decision, said the order will help the council deal with anti-social behaviours by unnamed individuals.

“Like Judge Bird, it’s my view that the council should have an order to deal with this type of behaviour being perpetrated against us, by anyone, not just individuals we can identify – and that’s what we will be requesting from the court.

“Whilst today’s judgement doesn’t mean that’s a foregone conclusion, it does make it much more likely.”

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The council is now planning to get back on track with applying for a final order on unauthorised camps.

Cllr North added: “I’m pleased to report that the Court of Appeal has today published a judgement ruling that Judge Nicklin was wrong to hold that final injunctions cannot be made against persons unknown and that the procedure he adopted was unorthodox. We can, therefore, now get back on track with applying for a final order.”

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