“Almost as of course”? Injunctions restraining trespass, the stay on possession claims and the decision in University College London Hospitals NHS Foundation Trust v MB – Falcon Chambers

‘The current coronavirus crisis has paralysed possession proceedings, by means of the general stay imposed by paragraph 2 of the new practice direction PD51Z. The decision in University College London Hospitals Foundation Trust v MB [2020] EWHC 882 (QB), in which Chamberlain J granted an injunction requiring a hospital inpatient to vacate her ward, therefore sparked surprise and comment.’

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Falcon Chambers, 23rd April 2020

Source: www.falcon-chambers.com

Staying for clarification – Falcon Chambers

‘Covid-19 has had quite an effect on property lawyers in their professional lives. The stay on Part 55 claims imposed by PD 51Z on 27 March 2020 has stayed part of many practitioners’ day to day work. It has also led, however, to numerous questions. Can possession claims still be issued? Can directions still be followed or sought for possession claims already past the first possession hearing and heading towards trial? What are we supposed to do about trespass cases? Trespassers are not people the Government seemed to be keen to protect when it announced its intention to protect certain categories of occupiers from eviction, yet possession claims against trespassers have been caught in the general stay.’

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Falcon Chambers, April 2020

Source: www.falcon-chambers.com

COVID-19 – trespasser possession and injunction proceedings – Application of the new Civil Procedure Rule Practice Direction 51Z – St Ives Chambers

‘The back drop to this case is that the new Practice Direction CPR 51Z effectively stays possession proceedings and enforcement issued pursuant to CPR 55 for 90 days from March 2020.’

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St Ives Chambers, 16th April 2020

Source: www.stiveschambers.co.uk

Extinction Rebellion activists cleared after arresting officer books holiday during trial – Daily Telegraph

‘A group of Extinction Rebellion (XR) protestors who brought City of London Airport to a standstill were given £280 to cover travel costs to court, after their case collapsed because a key police witness is on holiday.’

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Daily Telegraph, 28th January 2020

Source: www.telegraph.co.uk

Gypsies and Travellers – time for a rethink – Nearly Legal

‘Over the last few years, there has been a real growth in “all borough” injunctions against anticipated trespass by gypsies and travellers. As far as the Court of Appeal could tell, there seem to be 38 presently in force. For obvious reasons, once one authority obtains such an injunction, the pressure builds on other authorities to do likewise. Moreover, because the injunctions are usually sought against “persons unknown” there are rarely, if ever, any represented defendants.’

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Nearly Legal, 26th January 2020

Source: nearlylegal.co.uk

“Neighbour From Hell?” – Church Court Chambers

Posted November 28th, 2019 in disclosure, misrepresentation, news, noise, nuisance, sale of land, trespass by sally

Does your neighbour regularly park across your driveway? Have a dog that howls or barks incessantly? Play drum and bass music into the early hours? Have children that make uncontrolled noise or trespass regularly onto your property? Use power tools at anti-social hours at the weekend? Do you have a neighbour from hell? Have you raised a complaint to your neighbour directly or to others such as the police or the Local Authority? If so, your property may have suffered a Diminution in Value as a result of such anti-social behaviour or harassment. The value of your property depends on good neighbours and maintaining cordial relations.

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Church Court Chambers, November 2019

Source: churchcourtchambers.co.uk

Ripping the heart out of the Nomad Nation – Garden Court Chambers

Posted November 19th, 2019 in consultations, human rights, local government, news, police, travellers, trespass by sally

‘On 5 November 2019 the Home Office announced a consultation Strengthening police powers to tackle unauthorised encampments. This consultation follows an earlier consultation issued by the Ministry of Housing, Communities and Local Government (MHCLG) in April 2018 on the effectiveness of enforcement against unauthorised developments and encampments (see the MHCLG report in February 2019 following the consultation).’

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Garden Court Chambers, 18th November 2019

Source: www.gardencourtchambers.co.uk

Police oppose Traveller and Gypsy camp crackdown, FOI shows – The Guardian

Posted November 14th, 2019 in consultations, equality, human rights, news, police, travellers, trespass by tracey

‘Proposals to criminalise unauthorised Gypsy and Traveller encampments fly in the face of police recommendations to make more sites available to best tackle the situation, it has been revealed.’

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The Guardian, 14th November 2019

Source: www.theguardian.com

Government consults on new police powers to criminalise unauthorised encampments – Home Office

‘The government will launch a consultation on proposals to give police new powers to arrest and seize the property and vehicles of trespassers who set up unauthorised caravan sites.’

Full press release

Home Office, 3rd November 2019

Source: www.gov.uk/home-office

Travellers: Home Office ‘Criminalising Families With Nowhere To Go’ – Charities – Rights Info

Posted November 6th, 2019 in news, police, public order, travellers, trespass by sally

‘Travellers’ and Gypsies’ ancient way of life is under threat from “inhumane” proposals to criminalise unauthorised encampments, charities have warned.’

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Rights Info, 5th November 2019

Source: rightsinfo.org

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

Source: www.falcon-chambers.com

Anti-fracking activists breached injunction, judge rules – The Guardian

‘Three anti-fracking protesters have been found to have breached an injunction designed to stop them demonstrating outside a fracking site in Lancashire, which they say has a “chilling effect on the right to peaceful protest”.’

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The Guardian, 28th June 2019

Source: www.theguardian.com

Bailiffs move in on Heathrow runway protest camp – The Guardian

Posted February 28th, 2019 in airports, demonstrations, judicial review, news, trespass by tracey

‘Move to evict protesters who have squatted site since 2010 comes days before judicial review of third runway plans.’

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The Guardian, 27th February 2019

Source: www.theguardian.com

Home Secretary unveils legislative changes to tackle unauthorised encampments – Local Government Lawyer

Posted February 8th, 2019 in criminal justice, news, police, public order, travellers, trespass by sally

‘The Home Secretary has announced a series of legislative amendments aimed at improving the effectiveness of enforcement against unauthorised traveller encampments.’

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Local Government Lawyer, 6th February 2019

Source: www.localgovernmentlawyer.co.uk

Government announces plans to tackle illegal traveller sites – Home Office

‘The Home Secretary has today (Wednesday 6 February) announced plans to give police tough new powers to crackdown on illegal traveller sites.’

Full press release

Home Office, 6th February 2019

Source: www.gov.uk/home-office

Injunctions in Anticipation of the Inevitable – Illegal Raves, Flytipping and Travellers – Hardwicke Chambers

Posted December 12th, 2018 in injunctions, news, travellers, trespass, waste by sally

‘There are increasing numbers of injunctions against incursions onto private and public land by “persons unknown”.’

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Hardwicke Chambers, 7th November 2018

Source: hardwicke.co.uk

Trespassers and Human Rights – Where are we now? – Falcon Chambers

Posted August 9th, 2018 in human rights, news, repossession, trespass by sally

‘Those who act for private sector landlords in residential possession proceedings will be familiar with the decision of the Supreme Court in McDonald v McDonald [2017] AC 273, which was argued successfully by Stephen Jourdan QC and Ciara Fairly of Falcon Chambers. In McDonald, the Supreme Court was asked to decide whether a tenant in summary possession proceedings could require the court to consider the proportionality of making a possession order, having regards to Article 8 of the European Convention on Human Rights (ECHR): the well-known right to respect for private and family life. In particular, the court was required to decide whether a private landlord’s mandatory right to possession of her property under section 21 of the Housing Act 1998 could be curtailed or defeated entirely by invoking Article 8.’

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Falcon Chambers, May 2018

Source: www.falcon-chambers.com

No joy for Joy: unlawful eviction, re-letting and damages in the Court of Appeal – Hardwicke Chambers

Posted June 18th, 2018 in damages, injunctions, landlord & tenant, married persons, news, trespass by sally

‘The Court of Appeal has provided some useful (and dare I venture to say, some not so useful) guidance on damages for unlawful eviction.’

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Hardwicke Chambers, 11th June 2018

Source: www.hardwicke.co.uk

Smith v Khan – Arden Chambers

Posted June 12th, 2018 in appeals, compensation, damages, landlord & tenant, news, repossession, trespass by sally

‘The Court of Appeal has held that, in unlawful eviction cases, damages for trespass must compensate the tenant not merely for the letting value of the property of which he has been deprived but also for the anxiety, inconvenience and mental stress involved in the loss of what was the tenant’s home. The practice of cross-checking the amount of damages against the contractual rent used in disrepair cases (Wallace v Manchester CC [1998] 30 H.L.R. 1111, CA) does not apply to such claims.’

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Arden Chambers, 18th May 2018

Source: www.ardenchambers.com

Sport clubs should consider injunctions to prevent access to grounds by trespassers – OUT-LAW.com

Posted January 22nd, 2018 in clubs, injunctions, news, sport, trespass by sally

‘Injunctions give sport clubs a useful tool to prevent access to grounds by ‘urban free climbers’ and other trespassers.’

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OUT-LAW.com, 17th January 2018

Source: www.out-law.com