Former fashion executive to face no further action over fatal altercation – The Guardian

Posted April 29th, 2016 in assault, news, prosecutions, trespass by tracey

‘A former fashion executive will face no further action after a neighbour who allegedly trespassed at his home was fatally wounded last year.’

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The Guardian, 29th April 2016

Source: www.guardian.co.uk

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Planning for Protests – Tanfield Chambers

‘In recent years there have been many high-profile protests on public property; St Paul’s Cathedral and the Parliament Square protests are two of the best known. These resulted in the cases of City of London v Samede and others [2012] EWCA Civ 160 and Hall and others v Mayor of London [2010] EWCA Civ 817. There are also numerous instances of protesters occupying privately-owned commercial land, claiming the protection of human rights defences to stay in possession. Ultimately, the law is against the trespassers but, without swift action, delay can cost the landowner significant sums. These costs are commonly due to the extra security required to prevent further trespassers from entering; the halt to construction or refurbishment works; and the disruption to a working building. It is not uncommon for landowners to incur costs of several hundred thousand pounds while enforcing possession orders against trespassers. Owners would be well advised to plan for such an incursion if there is a risk that their property could be a target.’

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Tanfield Chambers, 19th April 2016

Source: www.tanfieldchambers.co.uk

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Regina v Pacurar – WLR Daily

Posted April 20th, 2016 in appeals, law reports, sexual offences, trespass by sally

Regina v Pacurar

‘The defendant was charged with trespass with intent to commit a sexual offence contrary to section 63(1) of the Sexual Offences Act 2003. The prosecution case was that the defendant had entered a family’s home as a trespasser, and had been naked and touching his penis in the presence of family members: further, that while being ejected from the house by the father of the family, he had made an unseemly sexual suggestion. In interview with the police the defendant had denied ever having entered the house. On closure of the prosecution case the defendant submitted that there was no case to answer because the prosecution had not particularised the sexual offence which it was asserted that he had intended to commit. The prosecution submitted that it was sufficient that their case was that the intent relied on was to commit one or more of the offences set out in sections 1 to 3 and 5 to 7 of the Sexual Offences Act 2003. The trial judge rejected the submission of no case to answer and the defendant was convicted. The defendant appealed against conviction on the ground, among others, that the prosecution had been obliged to specify the sexual offence which it was asserted that the defendant had intended to commit.’

WLR Daily, 13th April 2016

Source: www.iclr.co.uk

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Heathrow 13: climate change protesters avoid jail – The Guardian

Posted February 25th, 2016 in airports, demonstrations, news, sentencing, trespass by sally

‘Six women and seven men have avoided jail for trespassing at Heathrow, following a protest against the possible expansion of the airport.’

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The Guardian, 24th February 2016

Source: www.guardian.co.uk

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High Court enforcement continued – Nearly Legal

‘In what has turned into a continuing series, there are further updates on enforcement of possession orders via the High Court, obtaining writs and the scandalous conduct of many High Court Enforcement Officers.’

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Nearly Legal, 13th February 2016

Source: www.nearlylegal.co.uk

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Jailing Heathrow 13 poses ‘massive threat’ to peaceful protest rights – The Guardian

Posted February 12th, 2016 in demonstrations, environmental protection, news, sentencing, trespass by sally

‘Jailing the 13 activists who last year chained themselves on Heathrow’s northern runway in protest at the airport’s expansion would represent a “massive threat” to the right to peaceful protest in the UK, according to John McDonnell and Caroline Lucas.’

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The Guardian, 12th February 2016

Source: www.guardian.co.uk

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Heathrow 13: Jailing peaceful protesters would be ‘unprecedented’ attack on dissent, judge told – The Independent

‘A judge has been urged not to act on her threat to jail 13 peaceful environmental protesters – as campaigners warn that the British legal system’s long-standing tolerance towards non-violent direct action is under threat.’

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The Independent, 2nd February 2016

Source: www.independent.co.uk

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A scandal unfolds: High Court enforcement again – Nearly Legal

‘In our last post, we dealt with the issue of an application for a High Court writ being made in tenant possession cases by way of form N293A. To recap, this is the form which expressly states “This judgment or order has been sent to the High Court for enforcement by (Writ of Possession against trespassers) only”.’

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Nearly Legal, 6th January 2016

Source: www.nearlylegal.co.uk

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Unlawful seizure of a table and other bits – Nearly Legal

Posted December 7th, 2015 in appeals, budgets, housing, legal aid, local government, news, trespass by sally

‘On 5 December, a Newham Council officer, together with police, seized a table from the regular Saturday street campaign of Focus E15 – the housing rights protest group. The seizure was stated to be under London Local Authorities and Transport for London Act 2003.’

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Nearly Legal, 6th December 2015

Source: www.nearlylegal.co.uk

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‘Porn obsessed’ man filmed women and children – BBC News

‘A “pornography obsessed” man who spied on women and children – photographing and filming them with his phone – has been jailed for 12 years.’

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BBC News, 17th November 2015

Source: www.bbc.co.uk

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Legal notice served over ‘offensive’ coffee shop sign in London – Independent

Posted October 23rd, 2015 in landlord & tenant, leases, news, trespass by michael

‘An “offensive” coffee shop sign has found itself at the centre of a legal row in London.’

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Independent, 22nd October 2015

Source: www.independent.co.uk

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Rickshaw driver in Westminster standoff spared further jail – The Guardian

Posted September 2nd, 2015 in criminal damage, mental health, news, parliament, public order, sentencing, trespass by sally

‘A rickshaw driver who caused £5,500 of damage to the Houses of Parliament during an overnight rooftop standoff has been spared further time in custody after admitting criminal damage and trespassing.’

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The Guardian, 1st September 2015

Source: www.guardian.co.uk

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Neighbours from hell: Damages for residual diminution in value – New Square Chambers

Posted July 28th, 2015 in appeals, damages, harassment, news, nuisance, trespass, valuation by sally

‘The recent decision of the Court of Appeal in Raymond v Young [2015] EWCA Civ 456 concerned the principles to be applied when considering what damages to award to property owners who were the victims of shocking harassment, trespass and nuisance conducted by their neighbours over a period of several years.’

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New Square Chambers, 26th May 2015

Source: www.newsquarechambers.co.uk

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Family of burglar who fell through roof face £250k bill for trying to sue council – Daily Telegraph

‘Judge rules in Staffordshire council’s favour after Thomas Buckett suffered 10 skull fractures and spent two weeks in a coma.’

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Daily Telegraph, 14th April 2015

Source: www.telegraph.co.uk

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Government not required to disclose full details of defence – UK Human Rights Blog

‘The High Court has ruled that in a case against the state which did not directly affect the liberty of the subject, there was no irreducible minimum of disclosure of the state’s case which the court would require. The consequences of such disclosure for national security prevailed.’

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UK Human Rights Blog, 27th October 2014

Source: www.ukhumanrightsblog.com

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Manchester Ship Canal Co Ltd v United Utilities Water plc (Canal & River Trust and others intervening); Same and another v Same (Same intervening) – WLR Daily

Manchester Ship Canal Co Ltd v United Utilities Water plc (Canal & River Trust and others intervening); Same and another v Same (Same intervening) [2014] UKSC 40; [2014] WLR (D) 291

‘Under the Water Industry Act 1991 sewerage undertakers were impliedly empowered to discharge surface water and other non-pollutant water into private watercourses to which they were already discharging at the time the Act came into force, but had no right to create new outfalls into such watercourses without the agreement of their owners.’

WLR Daily, 2nd July 2014

Source: www.iclr.co.uk

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The Manchester Ship Canal Company Ltd and another (Respondents) v United Utilities Water Plc (Appellant) – Supreme Court

Posted July 3rd, 2014 in appeals, canals, law reports, sewerage, Supreme Court, trespass, water companies by sally

The Manchester Ship Canal Company Ltd and another (Respondents) v United Utilities Water Plc (Appellant) [2014] UKSC 40 (YouTube)

Supreme Court, 2nd July 2014

Source: www.youtube.com/user/UKSupremeCourt

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Boundary disputes: Evidence – The pitfalls and practicalities – Hardwicke Chambers

Posted May 12th, 2014 in appeals, boundaries, costs, evidence, news, trespass by sally

‘Boundary disputes are rarely cost effective and the courts often make orders that make them disproportionately costly for the winner as well as the loser. Two recent cases demonstrate that risk and the importance of fully exploring and considering the available and/or potential evidence as early as possible.’

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Hardwicke Chambers, 7th May 2014

Source: www.hardwicke.co.uk

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Adverse possession through criminal trespass – NearlyLegal

Posted May 9th, 2014 in adverse possession, news, trespass by sally

‘Way back when s.144 LASPO 2012 was first proposed, I noted that one of the unaddressed questions (indeed a question that nobody even thought to consider) was how s.144 would interact with statute and case law on adverse possession.’

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NearlyLegal, 8th May 2014

Source: www.nearlylegal.co.uk

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Public and private law wrongs are not the same – Court of Appeal – UK Human Rights Blog

‘ Tchenguiz v. Director of the Serious Fraud Office [2014] EWCA Civ 472, 15 April 2014. This judgment is a neat illustration of how important it is to keep the concepts of public law and private law unlawfulness separate – they do not necessarily have the same legal consequences.’

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UK Human Rights Blog, 15th April 2014

Source: www.ukhumanrightsblog.com

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