‘A woman who managed, after the locks were changed, to re-enter temporary accommodation being provided by a property firm for a council was a trespasser and had no right to stay, Chelmsford County Court has ruled.’
Local Government Lawyer, 21st January 2021
Source: www.localgovernmentlawyer.co.uk
‘A breach of lease case in the Upper Tribunal which, despite the names, appears to be between two unrelated people. So I shall call them L – the leaseholder – and F – the freeholder – to avoid multiple Gibbins related confusion.’
Nearly Legal, 13th December 2020
Source: nearlylegal.co.uk
‘A protester against the High Speed 2 (HS2) rail project has been handed a suspended prison sentence for contempt of court after breaching an earlier order in the first such case concerning HS2.’
Local Government Lawyer, 21st October 2020
Source: www.localgovernmentlawyer.co.uk
‘Lawyers have warned HS2 it might be felling trees illegally, after an ecology report found evidence of one of the UK’s rarest bat species in an area of ancient woodland being cleared for the high-speed rail line.’
The Guardian, 10th October 2020
Source: www.theguardian.com
‘Four anti-fur activists, dubbed the “free bunnies”, have been found guilty of aggravated trespass following a protest at a flagship Dolce & Gabbana store in Mayfair, London.’
The Guardian, 23rd September 2020
Source: www.theguardian.com
‘A “greedy” and “arrogant” free climber has been given a suspended sentence for defying a court order not to scale tall buildings.’
BBC News, 13th August 2020
Source: www.bbc.co.uk
‘A High Court judge has issued his reasons for last month granting Hillingdon Council a limited interim injunction preventing a number of named defendants and persons unknown from doing certain acts on land at Harefield Moor owned by the council and adjoining the site of construction works for part of the HS2 railway line.’
Local Government Lawyer, 5th August 2020
Source: www.localgovernmentlawyer.co.uk
‘A “sexual predator” who targeted women and girls in their own homes at night has been jailed for 15 years.’
BBC News, 15th July 2020
Source: www.bbc.co.uk
‘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.’
Falcon Chambers, 23rd April 2020
Source: www.falcon-chambers.com
‘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.’
Falcon Chambers, April 2020
Source: www.falcon-chambers.com
‘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.’
St Ives Chambers, 16th April 2020
Source: www.stiveschambers.co.uk
‘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.’
Daily Telegraph, 28th January 2020
Source: www.telegraph.co.uk
‘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.’
Nearly Legal, 26th January 2020
Source: nearlylegal.co.uk
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.
Church Court Chambers, November 2019
Source: churchcourtchambers.co.uk
‘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).’
Garden Court Chambers, 18th November 2019
Source: www.gardencourtchambers.co.uk
‘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.’
The Guardian, 14th November 2019
Source: www.theguardian.com
‘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.’
Home Office, 3rd November 2019
Source: www.gov.uk/home-office
‘Travellers’ and Gypsies’ ancient way of life is under threat from “inhumane” proposals to criminalise unauthorised encampments, charities have warned.’
Rights Info, 5th November 2019
Source: rightsinfo.org
‘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.’
Falcon Chambers, June 2019
Source: www.falcon-chambers.com
© Inner Temple Library 2021