Court order prohibits illegal party and gathering on Edgecombe Hall estate

Published: Friday, June 26, 2020

The council has today (Friday) obtained a High Court injunction prohibiting anti-social activities on the Edgecombe Hall estate in Wandsworth.

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The area covered by the injunction

Intelligence received by the council’s housing team suggests that there may be plans to stage an illegal gathering on the estate this weekend.

The injunction is designed to prevent this. Anyone breaching the terms of this 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 lighting of fires, stoves, barbeques and/or naked flames (with the exception of a cigarette lighter) on any equipment or entertainment device.

• The sale of alcohol or food.

• The destruction or damage of trees, shrubs, plants or any other flora, fauna, or wildlife.

• Blocking any entrance or exit to any of the buildings on the estate, including fire exits.

• Driving or moving vehicles, including any engine or generator, onto any grassed or hardstanding area on the estate which is not a designated parking bay or highway. This does not apply to vehicles/engines/generators belonging to the emergency services or employees, agents or contractors of the council.

The order also prohibits the dropping or depositing of litter but does not grant powers of arrest for breaches. Those who drop litter would instead face alternative legal sanctions under contempt of court rules.

The council’s application to the court comes in the wake of events on the estate last weekend which caused widespread nuisance and disturbance to residents.

This is a copy of the full order

PERSONS UNKNOWN GATHERING IN OR AROUND THE EDGECOMBE HALL ESTATE
(THE ‘PRESCRIBED AREA’) AND DEPOSITING WASTE OR OTHER ITEMS ON THE
LAND SUCH AS TO CAUSE A NUISANCE OR ANNOYANCE (2)


PERSONS UNKNOWN GATHERING IN OR AROUND THE EDGECOMBE HALL ESTATE
(THE ‘PRESCRIBED AREA’) AND CAUSING DAMAGE TO THE AREA (3)

Defendants


________________________________
INTERIM INJUNCTION ORDER
_________________________________

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.

On 5th June 2020, before Henshaw 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 by telephone;

AND UPON the Court being satisfied that there is a risk of further unlawful activities occurring this weekend and as a result this application being urgent;

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 statement of Valerie Asafu-Agyei dated 25.6.20 and Claimant’s skeleton argument;

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 the unlawful activities and anti-social behaviour in which the Defendants have engaged, or threaten to engage, consists of or includes the use or threatened use of violence against other persons or there is a significant risk of harm to other persons from the Defendants within the meaning of s.27 of the Police and Justice Act 2006, a power of arrest is attached to this order whereby any constable may (under section 27 of the Police and Justice Act 2006) arrest without warrant a person whom he has reasonable cause for suspecting to be in breach of any of the provisions set out in this order or otherwise in contempt in relation to such provision;

AND UPON the Court being satisfied, pursuant to CPR 6.15 that there is good reason to authorise service by a method or at a place not otherwise permitted by CPR Part 6, such that service by posting of a Public Notice (which includes an email address from which the documents listed below can be requested), in various locations in and
around the Prescribed Area, and the posting of that Public Notice on the Claimant’s Facebook and Twitter accounts, are adequate steps to constitute service of the Claim Form by alternative means pursuant to CPR 6.15(2);

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

AND UPON the Claimant undertaking to file statements of service in relation to the service of the Public Notice and Notice of Injunction in advance of the return date on Monday 13 July 2020;

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 destruction or damage of trees, shrubs, plants or any other flora,fauna, or wildlife
iii. the playing of loud amplified music in the communal areas within the Prescribed Area
iv. the lighting of fires, stoves, barbeques and/or naked flames (with the exception of a cigarette lighter) on any equipment or entertainment device in the communal areas within the Prescribed Area
v. the sale of alcohol or food
vi. the entry of vehicles, including any engine or generator, onto any grassed or hardstanding area in the Prescribed Area which is not a designated parking bay or highway, with the exception of vehicles/engines/generators belonging to the emergency services or employees, agents or contractors of the Council

vii. leaving litter in the Prescribed Area

2. A power of arrest shall be attached to paragraph 1(i) – (vi) of this order, for the avoidance of doubt there is no power of arrest attached to paragraph 1(vii).

3. This interim injunction order and power of arrest shall last until midnight on 25 June 2021 unless extended by further order of the Court, or unless it is varied
or discharged in the meantime.

4. The steps already taken to serve the Claim Form, Particulars of Claim, N16A application for an injunction, the draft order and power of arrest and the witness statements in support, namely the posting of a Public Notice (which includes an email address from which the listed documents can be requested), in various locations in and around the Prescribed Area, and the posting of that Public Notice on the Claimant’s Facebook and Twitter accounts, are adequate steps to constitute service of the claim form by alternative means pursuant to CPR 6.15(2)

5. Personal service of this injunction is dispensed with pursuant to CPR 81.8. Service of this interim injunction order and accompanying power of arrest shall be effected by:

a. placing a shortened version this interim injunction order, map and power of arrest in various locations in and around the Prescribed Area,
b. by posting copies of a shortened version of this interim injunction order and power of arrest on the Claimant’s Facebook and Twitter accounts
c. by posting full copies of this interim injunction order and power of arrest on the Claimant’s website.
d. the shortened version of the injunction order to be posted in accordance with (a) and (b) above shall include the map and power of arrest and the Notice of Injunction found at Schedule 2 of this order.
e. A full copy of this order and Power of Arrest shall be put through the letterbox of 232 Whitlock Drive.

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 further hearing shall take place by telephone before a Judge of the High Court, with a time estimate of 1-2 hours, at 10am on Monday 13th July 2020.

8. Any Persons Unknown wishing to take part in the hearing listed at paragraph 7 above shall email the Claimant’s legal representatives to inform them of their desire to participate and provide their name and telephone number. The
Claimant’s legal representatives shall then liaise with the Court in order to facilitate their participation in the next hearing which will be by telephone.

9. A review hearing, with a time estimate of 2 hours, shall take place before a Judge for the High Court on 14 June 2021.

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

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.

‘Vehicle’ includes the operation of any engine or generator.

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 26 June 2020 the High Court made an interim injunction order with a power of arrest which prohibits the activities listed below.

The Claim Number is: QB-2020-002200

You can see a full copy of this injunction order, map and power of arrest on the Council’s website. You can also request a full copy of these documents 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 destruction or damage of trees, shrubs, plants or any other flora, fauna, or wildlife
iii. the playing of loud amplified music in the communal areas within the Prescribed Area
iv. the lighting of fires, stoves, barbeques and/or naked flames (with the exception of a cigarette lighter) on any equipment or entertainment
device in the communal areas within the Prescribed Area
v. the sale of alcohol or food
vi. the entry of vehicles, including any engine or generator, onto any grassed or hardstanding area in the Prescribed Area which is not a designated parking bay or highway, with the exception of vehicles/engines/generators belonging to the emergency services or employees, agents or contractors of the Council
vii. leaving litter in the Prescribed Area

2. A power of arrest shall be attached to paragraph 1(i) – (vi) of this order, for the avoidance of doubt there is no power of arrest attached to paragraph 1(vii).

This means you can be arrested without a warrant if you breach this order.

3. This interim injunction order and power of arrest shall last until midnight on 25 June 2021 unless extended by further order of the Court, or unless it is varied or discharged in the meantime.

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 1-2 hours, at 10am on Monday 13th July 2020.

5. If you wish to participate in the next hearing you should email your name and telephone number to the email address given below.

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

These are the powers of arrest