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19 January 2024
Issue: 8055 / Categories: Legal News , Property
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NLJ this week: ‘Newcomers’ & other ‘without notice’ injunctions

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The Supreme Court recently handed down guidance, in a recent case, on injunctions binding ‘newcomers’—an example being a bunch of noisy protesters; such an injunction would apply to the current bunch and also to potential protesters (newcomers) who have not yet arrived

In this week’s NLJ, Caroline Shea KC and Thomas Rothwell, both of Falcon Chambers, consider the guidance and recent caselaw on this fascinating topic, and provide practical advice for practitioners.

They write that the decision in the case, Wolverhampton City Council v London Gypsies and Travellers & Ors, means a court ‘can, in principle, make an order which has the effect of binding “newcomers”, that is to say, persons of unknown identity who had made no transgression at the time the order was sought, but who later committed acts prohibited by the injunction’.

Shea and Rothwell cover the conceptual problems identified and reasoning provided by the court. They explain an injunction binding ‘newcomers’ is a species of ‘without notice’ injunctions. They set out the Supreme Court’s guidance on the subject, along with some practical advice for lawyers involved in this type of injunction. 

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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