High Court order confirms outdoor parties and gatherings on Edgecombe Hall estate are prohibited

Published: Thursday, July 16, 2020

The High Court has approved the council’s application for an injunction prohibiting anti-social activities on the Edgecombe Hall estate in Wandsworth.

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A court hearing earlier this week replaced an interim injunction granted by judges last month.

The council’s initial application to the court came amid concerns that groups of people were planning to stage large-scale rave parties on the estate.

The new injunction is designed to prevent this. Anyone breaching the terms of the court order will be liable to immediate arrest.

The order prohibits anyone from organizing or participating in the following activities:

• Unlicensed music events and/or raves
• The playing of loud amplified music within communal areas of the estate

The full order is as follows

_________________________________

INTERIM INJUNCTION ORDER
Made on 14 July 2020
_________________________________

If you do not comply with this order you may be held in contempt of court

and imprisoned or fined, or your assets may be seized.

If you do not understand anything in this order, you should go to a Solicitor,

Legal Advice Centre or Citizens Advice Bureau.

Any person served with a copy of this Order can apply to the court for
this Order to be varied or discharged but you must obey this Order
unless it is varied or discharged by the Court.

On 14th July 2020, before Soole J, sitting as a Judge of the High Court at the Royal
Courts of Justice, London, Strand, Holborn, WC2A 2LL.

UPON hearing Counsel for the Claimant and a resident whose name is known to the
Court and who represented herself during a hearing which took place via Skype for
Business on 13th July 2020;

AND UPON the Court being satisfied that there is a risk of further unlawful activities
occurring if the interim injunction order was to be discharged

AND UPON considering the Claimant’s Part 8 Claim Form, N16A application for an
injunction, N244 Application Notice, the draft interim injunction order, the draft Power
of Arrest, and the witness statements of Valerie Asafu-Agyei dated 25.6.20 and
10.7.20 (x2) and Claimant’s skeleton arguments dated 26.6.20 and 13.7.20;

AND UPON the Court being satisfied that it is appropriate to make an injunction
order pursuant to s.222 of the Local Government Act 1972 and the Court having
exercised its discretion to grant injunctive relief pursuant to section 37(1) of the
Senior Courts Act 1981;

AND UPON the Court finding that it is just and convenient to grant injunctive relief in
all of the circumstances;

AND UPON the Court being satisfied that it is appropriate to dispense with personal
service of this interim injunction order in view of the alternative methods of effecting
service set out below.

IT IS ORDERED THAT:

The Defendants, unless the Council has given prior written permission, are
forbidden, whether by themselves or by instructing or encouraging others, from:

1.        Organising or participating in any of the following activities in the Prescribed
            Area shown on the attached map marked Schedule 1:
           i. unlicensed music events and/or Raves
           ii. the playing of loud amplified music in the communal areas within the
               Prescribed Area

2.         The previous interim injunction order made by Henshaw J on 26.6.20 (and
             varied on 2.7.20) shall be discharged.

3.        This interim injunction order shall last until midnight on 10 March 2021 unless
            extended by further order of the Court, or unless it is varied or discharged in
            the meantime.

4.       Personal service of this injunction is dispensed with pursuant to CPR 81.8.
          Service of this interim injunction order shall be effected by:
          a. placing a shortened version this interim injunction order in various
               locations in and around the Prescribed Area,
          b. by posting copies of a shortened version of this interim injunction order
               on the Claimant’s Facebook and Twitter accounts
           c. by posting full copies of this interim injunction order on the Claimant’s
                website.
           d. A full copy of this order shall be put through the letterbox of 232
                Whitlock Drive.

5.         The shortened version of the injunction order to be posted in accordance with
            4(a) and (b) above shall include the map at Schedule 1 and the Notice of
             Injunction found at Schedule 2 of this order (pages 6 and 7 of this Order).

6.        Any committal application issued in respect of a breach of any injunction order
           made by the court, may be supported by witness statements in place of
            affidavits.

7.       A review hearing (the “Hearing”), with a time estimate of 2 hours, shall take
          place before a Judge of the High Court on 9 March 2021.

8.      Any Person Unknown who wishes to participate in the Hearing listed at
         paragraph 7 of this order should inform the Claimant’s solicitor by email
        [SouthLondon.Legalpartnership@merton.gov.uk] as soon as reasonably
        practicable. They should also inform the Court in writing.

9.    Subject to any directions to the contrary which are agreed by the parties or
      made by the Court on application in writing by the Claimant or any Person
       Unknown:

       a. Upon a Person Unknown notifying the Claimant’s solicitor pursuant to
           paragraph (8) above, they will be provided with copies of the
           statements of case, the application notices which have been issued in
           the proceedings and the documentary evidence in support of those
           applications as well as any witness statements or other documentary
          evidence on which the Claimant relies or which is disclosable pursuant
           to CPR 31.6;
        b. As soon as reasonably practicable and in any event not later than 4pm
               on 12 February 2021 any Person Unknown who wishes to resist the
               Claim will:

          i. notify the Claimant’s solicitor in writing as to whether they resist
          the Claim in whole or in part and, if so, give details of the basis
          on which they do so; and
          ii. provide the Claimant’s solicitor with copies of any witness
           statement, documentary or other evidence, and any written
           arguments on which they rely.

10.    By 4pm on 26 February 2021 the Claimant will file with the Court and serve on
          any Person Unknown who intends to participate in the Hearing:
          a. The evidence of service of this Order on which the Claimant relies;
          b. Any additional evidence on which the Claimant relies for the purposes
            of the Hearing;
          c. A skeleton argument and draft of the final Order which it seeks

11.      The hearing listed on 14 June 2021 shall be vacated.

12.      Any person served with a copy of this Order can apply to the Court for this
           Order to be varied or discharged.

13. Liberty to apply.

DEFINITIONS for the purposes of this interim injunction order:

‘Music’ includes sounds wholly or predominantly characterised by the emission of a
succession of repetitive beats.

‘Rave or raves’ means a gathering of persons on land in the open air (whether or
not trespassers) at which amplified music is played (with or without intermissions)
and is by reason of its loudness, duration and the time at which is played, likely to
cause serious distress to the inhabitants of the locality, and for this purpose such a
gathering continues during intermissions in the music.

‘Prescribed Area’ means the parts of the London Borough of Wandsworth as shown
on the attached map.

CONTACT DETAILS OF THE CLAIMANT’S LEGAL REPRESENTATIVES
Due to the current restrictions as a result of Covid-19 if you need to contact
the Council, you are strongly advised to do so by email.

Name: Miss Wilson
Email: SouthLondon.Legalpartnership@merton.gov.uk
Address: 67c St Helier Avenue, Morden Surrey, SM4 6HY
Ref: 2616/20275

Schedule 1 – map of the Prescribed Area

Schedule 2 – Notice of Injunction to be posted in accordance with 5 of this order

NOTICE OF INJUNCTION

On 14 July 2020 the High Court made an interim injunction order which
prohibits the activities listed below.

The Claim Number is: QB-2020-002200. You can see a full copy of this injunction
order on the Council’s website. You can also request a full copy from the email
address below.

If you do not comply with this order you may be held in contempt of court and
imprisoned or fined, or your assets may be seized.

If you do not understand anything in this order, you should go to a Solicitor, Legal
Advice Centre or Citizens Advice Bureau. Any person served with a copy of this
Order can apply to the court for this Order to be varied or discharged but you must
obey this Order unless it is varied is discharged by the Court.

The following activities have been prohibited (this means you must not do them):

1.    Organising or participating in any of the following activities in the Prescribed
        Area shown on the attached map marked Schedule 1:

         i. unlicensed music events and/or Raves
         ii. the playing of loud  amplified music in the communal areas within the
             Prescribed Area.

3.      This interim injunction order shall last until midnight on 10 March 2021 unless
          extended by further order of the Court.

4.       There will be a further hearing which shall take place by telephone before a
           Judge of the High Court, with a time estimate of 2 hours, on 9 March 2021.

5.        If you wish to participate in the next hearing you should email your name and
           telephone number to the email address given below
           (SouthLondon.Legalpartnership@merton.gov.uk).

DEFINITIONS for the purposes of this interim injunction order:

‘Music’ includes sounds wholly or predominantly characterised by the emission of a
succession of repetitive beats.

‘Rave or raves’ means a gathering of persons on land in the open air (whether or
not trespassers) at which amplified music is played (with or without intermissions)
and is by reason of its loudness, duration and the time at which is played, likely to
cause serious distress to the inhabitants of the locality, and for this purpose such a
gathering continues during intermissions in the music.

‘Prescribed Area’ means the parts of the London Borough of Wandsworth as shown
on the attached map and marked “Schedule 1”.

CONTACT DETAILS OF THE CLAIMANT’S LEGAL REPRESENTATIVES

Due to the current restrictions as a result of Covid-19 if you need to contact
the Council, you are strongly advised to do so by email.
Name: Miss Wilson
Email: SouthLondon.Legalpartnership@merton.gov.uk
Address: 67c St Helier Avenue, Morden Surrey, SM4 6HY
Ref: 2616/20275

Schedule 1 – map of the Prescribed Area