Â鶹´«Ã½

Between Abdullah Abdul, Defendant and Â鶹´«Ã½ Borough Council, Claimant 

Persons unknown encamped or connected with the encampment on the Town Hall Land at The Boulevard Â鶹´«Ã½, West Sussex RH10 1UZ

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 referenced Plan AA is included in the PDF version of this Order and can be found in related documents below.

• Before: District Judge Hatt sitting at the County Court at Horsham;
• Upon hearing Counsel for the Claimant and Second Defendant in person (him having assisted by Ms Merry, Mackenzie Friend from Refugees Welcome Â鶹´«Ã½ and Mr Khalid, a court security officer who was able to translate from Farsi);
• And upon the Court considering the N5 Claim Form, the Particulars of Claim, N16A Application for Injunction, Plan AA, draft order and the witness statement of Daniel Carberry, Public Protection and Enforcement Manager, dated 23 July 2024;
• 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 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 and power of arrest in view of the alternative methods of effecting service set out below.
   

1. The Second Defendant’s application for an adjournment is refused.
2. The Defendants are required to remove forthwith all tents, gazebos and other structures currently on the Town Hall Land shown on Plan AA, and occupied by them.
3. The Defendants are forbidden, whether by themselves or by instructing or encouraging others, from: 
   a. Impeding the Council’s employees, agents or contractors from removing such tents, gazebos or other structures as are occupied by the Defendants
   b. Returning to the Town Hall Land, shown on Plan AA, for the purpose of sleeping or otherwise remaining there
   c. Erecting a tent/gazebo or any other structure anywhere on the Town Hall Land, as shown on Plan AA.
4. The Claiment's employees, agents or contractors are permitted to remove tents, gazebos or other structures as are occupied by the Defendants.
5. The steps already taken to serve the Claim Form, Particulars of Claim, N16A application for an injunction, N244 Application Notice, the draft order and power of arrest and the witness statement in support, namely the posting of copies in various locations in and around the Town Hall Land, placing copies on each tent sited on the Town Hall Land and hand delivery of a copy lo all persons found camping there at the time the aforementioned steps were undertaken), are adequate steps to constitute service of the claim form by alternative means pursuant to CPR 6.15(2).
6. 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 copy of this injunction order and Plan AA in various locations in and around the Town Hall Land,
   b. by posting a copy of this injunction order and Plan AA on the Claimant’s website.
7. 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.
8. This injunction order shall expire at 4pm on 12 August 2026.
9. Any person served with a copy of this Order can apply to the Court for this Order to be varied or discharged.
10. This injunction order shall be reviewed on the first open date after 1st August 2025, date to be notified by the court, with a time estimate of 60 minutes, at the County Court sitting at Horsham.
11. The Defendants do pay the Claimant’s costs summarily assessed in the sum of £365.

Dated 13 August 2024