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A
B
C
D
E
-
on us to lay down the approach by which the court navigates such
unchartered water in a principled manner.
D1.
B
C
Some first principles
Recently, in Wolverhampton City Council & Others v London
20.
A
Gypsies and Travellers & Others [2023] UKSC 47, the UK Supreme Court
D
E
addressed the question whether (and if so, on what basis, and subject to
F
G
what safeguards) the court has the power to grant a newcomer injunction.
In a seminal judgment, the Supreme Court comprehensively reviewed the
F
G
court’s jurisdiction to grant injunctions and traced the developments over
H
I
the years leading to newcomer injunctions. 25
The following first
principles as reaffirmed by the Supreme Court are pertinent:
J
(1)
The jurisdiction is rooted in equity, and remains so despite its
statutory confirmation, in our case, by section 21L(1) of the
K
H
I
J
K
HCO: [17].
L
L
(2)
M
The jurisdiction is, subject to any relevant statutory
restrictions, unlimited: [17]. There is no supposed limiting
rule or principle apart from justice and convenience which
N
equity has regarded as sacrosanct over time: [153].
O
(3)
P
That does not mean that the court has a free rein based on its
M
N
O
P
own subjective perception of the justice and convenience of
Q
doing so in a particular case: [145]. Like any judicial power,
the jurisdiction must be exercised in accordance with
R
Q
R
S
S
T
T
25
U
V
The judgment was given by Lord Reed, Lord Briggs and Lord Kitchin (with whom Lord Hodge and
Lord Lloyd-Jones agreed).
U
V