Injunctions against persons unknown – Falcon Chambers

Posted July 5th, 2019 in civil procedure rules, injunctions, news, trespass by sally

‘People have entered onto your client’s land – or are threatening to do so. Your client wants them to leave – or not to arrive. Your advice is sought. In practice, self-help is out of the question. Section 6 of the Criminal Law Act 1977 prohibits the use or threat of violence against person or property for the purpose of securing entry to any premises without lawful excuse. A right to possession or occupation of the premises is no excuse, unless your client is a “displaced residential occupier” or “protected intending occupier”. But in any event, you cannot encourage the use of self-help, because of the risk of disorder that it may entail. A legal remedy is required.’

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Falcon Chambers, June 2019