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Insurance & Reinsurance
This content was written by BLM prior to its merger with Clyde & Co.
In London Borough of Barking and Dagenham & Anor v Persons Unknown & Ors 2022; the net has been spread wider with a ruling that final injunctions could be made against persons unknown. The overarching effect of this Court of Appeal ruling means that the Council’s final injunction against named defendants, and persons unknown, is now in full force.
Writing her second article for ALARM, BLM's Priya Sejpal covers the judgment in detail and outlines lessons to be learnt. She says, "As reported in my previous article for ALARM, on 12 May 2021, Mr Justice Nicklin handed down a judgment which confirmed that final injunctions would only bind parties to the proceedings as at the time of the litigation and that it would not capture ‘newcomers’. As a result, many of the injunctions (38) that had been raised by different council bodies had been called in, meaning they were either withdrawn, dismissed or discharged; few were left alone. However, in a turn of events, on 13 January 2022 the Court of Appeal (unanimously) overturned this decision following a challenge from the Council and 11 other councils."
To read the article in full, please click here.
This article was originally produced for ALARM, embrace risk. ALARM is a not-for-profit membership association that has supported risk management professionals for over 30 years. ALARM provides members with outstanding support including training, guidance and best practice, networking and industry recognition for excellence across risk management. For more information, visit alarmrisk.com and follow @ALARMrisk on Twitter and LinkedIn.