HS2 protester given suspended sentence for contempt of court – Local Government Lawyer

‘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.’

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Local Government Lawyer, 21st October 2020

Source: www.localgovernmentlawyer.co.uk

HS2 may be guilty of ‘wildlife crime’ by felling trees illegally, say lawyers – The Guardian

Posted October 14th, 2020 in animals, environmental protection, news, railways, transport, trees, trespass by sally

‘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.’

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The Guardian, 10th October 2020

Source: www.theguardian.com

‘Free bunnies’ activists found guilty of trespass after anti-fur protest – The Guardian

Posted September 24th, 2020 in animal cruelty, criminal damage, demonstrations, news, trespass by sally

‘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.’

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The Guardian, 23rd September 2020

Source: www.theguardian.com

Wigan free climber Adam Lockwood sentenced for defying ban – BBC News

Posted August 14th, 2020 in ASBOs, injunctions, internet, news, sentencing, suspended sentences, trespass by sally

‘A “greedy” and “arrogant” free climber has been given a suspended sentence for defying a court order not to scale tall buildings.’

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BBC News, 13th August 2020

Source: www.bbc.co.uk

Judge gives reasons for granting interim injunction prohibiting anti-HS2 protesters from overnight sleeping and other acts on council land next to construction site – Local Government Lawyer

‘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.’

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Local Government Lawyer, 5th August 2020

Source: www.localgovernmentlawyer.co.uk

‘Sex attack ‘predator’ broke into Radcliffe homes at night’ – BBC News

Posted July 16th, 2020 in news, rape, sentencing, sexual offences, trespass by tracey

‘A “sexual predator” who targeted women and girls in their own homes at night has been jailed for 15 years.’

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BBC News, 15th July 2020

Source: www.bbc.co.uk

“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