The Mayor and Burgesses of the London Borough of Enfield v Charles Snell

Hearing date: 12 JUNE 2024

Approved Judgment

Duncan Atkinson KC

Duncan AtkinsonKC (Sitting as a Deputy High Court Judge):

INTRODUCTION

The Claimant is a London local authority and the freehold owner of land, traversed by a stretch of the River Lea, which is the subject of the Merdian Water Regeneration Project. The Claimant has a contract with Vinci Construction UK Limited, which operates through Taylor Woodrow, for what are described as essential preparatory works and development of the river embankment for the purposes of the Meridian Water Regeneration Project. This includes the clearing of the embankment and related construction works abutting the river. These particular works had a contractual commencement date of 6 December 2023.

On 18 April 2024 the Claimant filed a Part 8 claim in trespass and nuisance and to prevent alleged anti-social behaviour. There were five named Defendants. The Sixth Defendant was persons unknown. In terms of the named Defendants:

(a) The Second Defendant, David Snell, is the father of the First Defendant, Charles Snell. David is 64. Charles is 29. They have been living on a narrow long boat on the relevant stretch of the River Lea for several years.

(b) The Third Defendant, Steven May, was said by the Claimant to have had a narrow long boat moored on the relevant stretch of river. However, relief is no longer sought against him, as it is accepted that he is no longer in residence.

(c) The Fourth Defendant, Abdellah Tayeb (or Castro) also has a boat which the Claimant says is currently moored on the relevant stretch of river. He has a number of dogs.

(d) The Fifth Defendant, Michal Wujek, is living in a structure on the relevant land which he calls a shed. He has been doing so for at least eight months. He too has a number of dogs.

On 21 May 2024, Hir Honour Judge Auerbach, sitting as a Judge of the High Court, granted the interim relief sought against the four named Defendants in respect of whom it was at that time sought (namely David and Charles Snell, Abdellah Tayeb and Michal Wujek). Each was required to give up their occupation of the Claimant's land by the end of 12 June 2024. The case of the named Defendants was listed before me on 12 June 2024 to address an application for a further injunction order in the same terms, effectively in renewal of the order made on 21 May, as the named Defendants have not ended their occupancy of the Claimant's property.

On 21 May His Honour Judge Auerbach did not make any order against persons unknown because at that time it was accepted by the Claimant that service had not been affected in accordance with the Court's earlier direction, to which I will return. The case in this regard was listed before me on 12 June to consider the Claimant's application for interim relief against persons unknown, including not only unidentified persons already occupying the Claimant's land but also newcomers who might be affected by the Order sought at a subsequent date.

At the conclusion of the hearing on 12 June I granted the applications both to renew the existing interim injunction order against the named Defendants and to grant an interim order against persons unknown. I said that I would reserve judgement as to the reasons for that decision. This is that reserved judgement.

THE BACKGROUND

The Claimant's land to which these applications relate is demarcated on a plan annexed to the interim injunction order. The Claimant provided a statement from Karen Maguire, dated 18 April 2024, to accompany their claim and application. Karen Maguire is the lead officer for trespass and encampment who thus has had dealings with the Meridian Water Regeneration Project. She records that the project has a gross development value of £6billion and will involve the building of 10,000 new homes. The named Defendants have all residing in the area that is to be cleared by Taylor Woodrow as part of, and in preparation for, these works. On 11 January 2024 she asked for letters and notices to be served on the named Defendants and on 2 February 2024 the Canal and River Trust (‘CRT’) placed a mooring suspension notice on the relevant part of the River Lea.

On 18 April 2024 the Claimant filed a Part 8 claim in trespass and nuisance and to prevent alleged anti-social behaviour. There were five named Defendants (including Stephen May, who is no longer a party to these proceedings). The Sixth Defendant was persons unknown.

There was a hearing in respect of that application, before Rory Dunlop KC, sitting as a Deputy High Court Judge, on 1 May 2024. There was by that time before the Court also a further statement from a process server, Aron Graves, of 25 April 2024, indicating what steps had been taken with a view to bringing documents relating to the claim to the attention of the Defendants. Mr Hoar of counsel appeared at that hearing for the Claimant, as he did on 12 June. The Second and Fifth Defendants appeared in person. There was no attendance by, or appearance for, the other Defendants on that occasion, although Mr David Snell spoke on behalf of his son, Charles, as well as for himself.

The judge announced that he was adjourning the application part heard to a date between 14 and 17 May 2024. A reserved judgment was handed down on 3 May 2024 and the judge's associated order, which included further directions for the adjourned hearing, was sealed on 7 May 2024. The reasons for the adjournment are relevant to the present applications.

First, the judge was not satisfied that the Defendants had had sufficient notice of the application to provide a fair chance to be heard, where there was sufficient justification for proceeding without proper notice. There was a letter before the judge from the Community Law Partnership (‘CLP’) referring to the Second Defendant, David Snell, as their client and indicating that legal aid funding was being sought. The Fifth Defendant, Michal Wujek indicated that he was also considering instructing CLP. Both Defendants sought an adjournment.

The judge made specific direction in his order setting out the means by which service was to affected on persons unknown, pursuant to CPR 6.15(1). In short, he directed that the application and evidence bundle be affixed to any vehicle, vessel and/or encampment on the relevant part of the Claimant's land. It was in part because this direction had not been complied with in relation to service on persons unknown that His Honour Judge Auerbach did not consider the application relating to such persons at the adjourned hearing on 14 May.

Secondly, Rory Dunlop KC adjourned the case on 1 May because he sought clarification and explanation of the figures given in Ms Maguire's witness statement. At paragraph 3 Ms Maguire stated that abridgment of time for service was necessary because of a fear “ that if this application is not proceeded with immediately there will be at least 21 days before the Claimant is able to obtain the relief they seek against the Defendants and in that time the Council will face financial penalties of around £142,000 per week and there is a risk of significant damage could be sustained to the locations that the proposed Order seeks to protect …”. She also provided a breakdown of those figures at paragraph 32. At paragraphs 40 and 41 of his judgment ([[2024] EWHC 1061 (KB)) the judge noted that he had been told that the Claimant had not yet incurred any financial penalties, as the mitigation, by way of fencing that had been put in place by Taylor Woodrow around the area being occupied by the Defendants, had so far been effective. The judge said that he was very troubled by this, as he could have been misled into believing that the Claimant had already been paying penalties at the rate of £142,000 since the issuing of the claim.

He gave directions for further evidence to be produced about this aspect for the adjourned hearing. That further evidence was served before the hearing on 14 May, before His Honour Judge Auerbach. It included a second witness statement of Ms Maguire, dated 7 May 2024, and a statement of Rauf Iqbal, Strategic Infrastructure Works Construction Programme Manager, also of 7 May 2024. The further statement of Ms Maguire addressed the steps that the Claimant had taken to address the housing needs of the named Defendants, and the statement of Mr Iqbal provided the sought clarification and explanation of the figures set out in Ms Maguire's first statement. Mr Iqbal's statement, and the exhibits thereto set out further detail about the risk that the Claimant may have to pay contractual compensation in the terms she had set out. This further evidence was found by His Honour Judge Auerbach to be important to the issue of the impact to the Claimant if the relief sought was not granted.

At the hearing before His Honour Judge Auerbach on 14 May Mr Hoar of counsel once again appeared for the Claimant. The Second Defendant, David Snell, and the Fifth Defendant, Michal Wujek, each again appeared in person. David Snell was again also appearing on behalf of his son, Charles Snell. Mr Snell, who was still unrepresented, did not apply for an adjournment. Mr Wujek did, both because he was still unrepresented and because of issues that he had with English not being his first language. In that regard, the judge found (at paragraph 23 of his judgment) “ I considered that Mr Wujek...