trespass – Current Awareness

Costs in Contempt Proceedings – Francis Taylor Building

Posted May 18th, 2022 in appeals, chambers articles, costs, injunctions, news, trespass by sally

‘The Court of Appeal has handed down judgment in The Secretary of State for Transport and High Speed 2 Ltd v Cuciurean [2022] EWCA Civ 661 (link), an appeal against a costs order made against Mr Cuciurean after his committal for contempt for breaching an anti-trespass injunction. The breaches arose in the context of Mr Cuciurean’s opposition to and desire to protest against the HS2 project.’

Francis Taylor Building, 16th May 2022

Source: www.ftbchambers.co.uk

Fears over right to roam in England as ministers wind up review – The Guardian

Posted April 21st, 2022 in news, rights of way, trespass by sally

‘The government has quashed a review into the right to roam in England’s countryside, amid anger from campaigners that the law of trespass stops people from walking freely around the country.’

The Guardian, 20th April 2022

Source: www.theguardian.com

HS2 protestor’s conviction proportionate with human rights, High Court rules – OUT-LAW.com

Posted April 8th, 2022 in climate change, demonstrations, environmental protection, freedom of expression, human rights, news, proportionality, trespass by sally

‘The English and Welsh Divisional Court has found that it is proportionate to convict a protestor of trespass, providing potential reassurance to companies whose business is disrupted through protests.’

OUT-LAW.com, 5th April 2022

Source: www.pinsentmasons.com

High court overturns acquittal of HS2 protester after appeal by prosecution – The Guardian

Posted March 31st, 2022 in appeals, Crown Prosecution Service, demonstrations, news, railways, trespass by sally

‘The high court has directed that a protester against the HS2 rail line who was originally acquitted of aggravated trespass should be convicted after an appeal by the director of public prosecutions.’

The Guardian, 30th March 2022

Source: www.theguardian.com

Activists who occupied 100ft HS2 drilling rig convicted over protest – The Guardian

Posted February 22nd, 2022 in criminal damage, demonstrations, environmental protection, news, trespass by tracey

‘Two environmental activists have been convicted of charges relating to a protest against HS2 after occupying a 100ft-high drilling rig to highlight damage they claimed the rail project was causing to London’s drinking water supply.’

The Guardian, 21st February 2022

Source: www.theguardian.com

This is not my beautiful house – Nearly Legal

Posted February 15th, 2022 in disclosure, injunctions, landlord & tenant, news, repossession, trespass by tracey

‘Rasool v Paddington Company One Ltd (2021) EWHC 3633 (QB). A combined hearing of a return date on an ex parte interim injunction for re-entry, and a claim for possession by the property owner against a trespasser. A somewhat unusual combination, you might think, though not outside the bounds of possibility. But bear with me, because this will turn out to be quite the ride.’

Nearly Legal, 13th February 2022

Source: nearlylegal.co.uk

Euston tunnellers’ court victory at risk as CPS seeks to overturn verdict – The Guardian

Posted February 15th, 2022 in climate change, demonstrations, judicial review, news, railways, trespass by tracey

‘The Crown Prosecution Service has launched a high court challenge to the decision by a judge last year to let the Euston tunnellers walk free after their trial.’

The Guardian, 14th February 2022

Source: www.theguardian.com

Buckingham Palace: Man sentenced for climbing into grounds – BBC News

Posted February 9th, 2022 in drug offences, imprisonment, mental health, news, offensive weapons, royal family, sentencing, suspended sentences, trespass by sally

‘A man found with a knife and drugs in the grounds of Buckingham Palace has been given a suspended jail term.’

BBC News, 9th February 2022

Source: www.bbc.co.uk

Duties of care, highways authorities and occupiers of land adjoining the highway – Local Government Lawyer

Posted February 7th, 2022 in accidents, appeals, duty of care, local government, news, road safety, roads, trespass by tracey

‘The Court of Appeal recently considered whether claims under the Occupiers’ Liability Act 1984 against occupiers of land adjoining a highway, and against the relevant highway authority, arising from a tragic road traffic accident were reasonable causes of action or had a real prospect of success. James Marwick, Matthew White and Julian Horne analyse the ruling.’

Local Government Lawyer, 4th February 2022

Source: www.localgovernmentlawyer.co.uk

Councils win appeal over final injunctions against unauthorised encampment and prevention of newcomers occupying land – Local Government Lawyer

Posted January 14th, 2022 in appeals, injunctions, local government, news, travellers, trespass by tracey

‘A High Court judge was wrong to hold that the court cannot grant final injunctions against unauthorised encampment that prevent newcomers from occupying and trespassing on land, the Court of Appeal has said.’

Local Government Lawyer, 13th January 2022

Source: www.localgovernmentlawyer.co.uk

Euston tunnel HS2 protesters walk free from court – The Guardian

Posted October 8th, 2021 in demonstrations, environmental protection, news, railways, trespass by tracey

‘Six environmental protesters who occupied a tunnel close to Euston station in protest against the HS2 high-speed link earlier this year walked free from court after charges in connection with the occupation were dismissed by a judge.’

The Guardian, 6th October 2021

Source: www.theguardian.com

Police bill risks criminalising homeless people, warn UK charities – The Guardian

Posted July 8th, 2021 in bills, charities, criminal justice, government departments, homelessness, news, travellers, trespass by sally

‘Leading homelessness charities have made an unprecedented joint plea to UK ministers to reconsider the police and crime bill, warning it could in effect criminalise large numbers of people simply for being homeless.’

The Guardian, 8th July 2021

Source: www.theguardian.com

Stonehenge, religious manifestation and the ECHR: Halcrow – Law & Religion UK

Posted March 12th, 2021 in appeals, historic buildings, human rights, monuments, news, proportionality, religious discrimination, trespass by sally

‘In Halcrow & Ors v Crown Prosecution Service [2021] EWHC 483 (Admin), Maryam Halcrow, Angel Grace and Lisa Mead were Pagans of various traditions. All three had been convicted by Swindon Magistrates’ Court of entering the stone circle at Stonehenge on 4 February 2018 and 6 May 2018 without reasonable excuse, contrary to regulation 3(h) of the Stonehenge Regulations 1997 and s.19 of the Ancient Monuments and Archaeological Areas Act 1979, and had been sentenced to a conditional discharge. Their appeal to the Crown Court was dismissed [1 & 2].’

Law & Religion UK, 11th March 2021

Source: lawandreligionuk.com

Legal issues relating to trees – New Square Chambers

Posted February 11th, 2021 in chambers articles, news, nuisance, trees, trespass by sally

‘Trees can provoke a surprising number of legal disputes which frequently lead to either civil or even criminal litigation.’

New Square Chambers, 1st February 2021

Source: www.newsquarechambers.co.uk

Stansted 15: Activists who stopped migrant deportation flight have convictions overturned – The Independent

Posted February 1st, 2021 in airports, appeals, demonstrations, deportation, human rights, immigration, news, trespass by tracey

‘A group of activists who stopped a deportation flight leaving Stansted airport have had their convictions overturned by the Court of Appeal.’

The Independent, 30th January 2021

Source: www.independent.co.uk

Judge rules against woman who re-entered property after locks were changed – Local Government Lawyer

Posted January 21st, 2021 in homelessness, housing, local government, news, repossession, trespass by sally

‘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

And he’s not there… – Nearly Legal

Posted December 16th, 2020 in appeals, drug offences, housing, landlord & tenant, leases, news, noise, nuisance, trespass, tribunals by tracey

‘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

High Court refuses to strike out solicitor’s surveillance harassment claim – Legal Futures

Posted November 30th, 2020 in damages, data protection, fees, fiduciary duty, harassment, negligence, news, privacy, Serious Fraud Office, solicitors, spying, striking out, trespass by sally

‘The High Court has refused to strike out claims of harassment brought by a solicitor and his wife over surveillance of them carried out at the instruction of a former client.’

Legal Futures, 30th November 2020

Source: www.legalfutures.co.uk

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

Posted October 22nd, 2020 in contempt of court, demonstrations, news, railways, sentencing, suspended sentences, trespass by sally

‘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

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.’

The Guardian, 10th October 2020

Source: www.theguardian.com

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