i-law

Litigation Letter

Breach by unnamed person

South Cambridge District Council v Gammell; Bromley London Borough Council v Maughan CA TLR 3 November

The correct course for a person on learning that he was enjoined under an injunction granted in respect of the occupation of land in breach of planning control by persons unknown, was to apply for the injunction to be varied or set aside before he moved on to the land, which would be a breach of the injunction and therefore a contempt of court. He could apply to set aside or vary the injunction for the future but not the past. He had to acknowledge and explain the breach.

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