trespass – Current Awareness

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

Posted March 12th, 2021 in appeals, historic buildings, human rights, 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

‘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.’

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.’

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

Posted August 6th, 2020 in demonstrations, injunctions, local government, news, nuisance, railways, reasons, trespass by sally

‘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

‘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.’

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

Posted May 7th, 2020 in coronavirus, hospitals, injunctions, news, repossession, stay of proceedings, trespass by sally

‘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

Staying for clarification – Falcon Chambers

Posted April 24th, 2020 in chambers articles, coronavirus, emergency powers, housing, landlord & tenant, news, repossession, trespass by sally

‘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

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

Posted April 22nd, 2020 in chambers articles, civil procedure rules, coronavirus, emergency powers, hospitals, injunctions, news, practice directions, repossession, trespass by sally

‘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

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

Posted January 29th, 2020 in case management, climate change, Crown Prosecution Service, demonstrations, environmental protection, holidays, news, notification, police, trespass, witnesses by sally

‘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

Gypsies and Travellers – time for a rethink – Nearly Legal

Posted January 27th, 2020 in appeals, equality, human rights, injunctions, local government, news, proportionality, travellers, trespass by sally

‘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

“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.

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).’

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.’

The Guardian, 14th November 2019

Source: www.theguardian.com

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