Newcomer Injunctions – A Tool In The Fight Against Crypto Fraud?

On 29 November 2023, the UK Supreme Court (the "UKSC") handed down its decision in Wolverhampton City Council and others (Respondents) v London Gypsies and Travellers and others (Appellants).

In that case the UKSC thoroughly considered the legal basis for injunctions against persons unknown. Notably, this included those persons who are not identifiable at the time the injunction order is granted, and who have not at that time infringed or threatened to infringe any right or duty which the claimant seeks to enforce – so-called "Newcomers". In doing so, the UKSC recognised that the issues raised will have wide significance in other contexts.

The court confirmed that injunctions could be granted against such Newcomers, and that the legal position should evolve if necessary to cater for that.