Category: trespass

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

OUT-LAW.com, 17th January 2018

Source: www.out-law.com

Companies fight back against YouTube daredevils with legal action – Daily Telegraph

Posted January 16th, 2018 in injunctions, news, trespass by sally

‘Owners of some of the UK’s best known landmarks are pursuing legal action to fight back against YouTube daredevils who climb their iconic buildings.’

Full Story

Daily Telegraph, 15th January 2018

Source: www.telegraph.co.uk

Reasonable Belief in Adverse Possession – 14 Years Later – Hardwicke Chambers

Posted November 23rd, 2017 in land registration, limitations, news, trespass by sally

‘The doctrine of adverse possession arises from the Limitation Act 1980. Section 15(1) provides that no action shall be brought by any person to recover any land after the expiration of 12 years from the date on which the right of action accrued. Sections 1-7 provide that at the expiration of the period of 12 years the title of the paper owner is extinguished. The claim of a person to a possessory title was therefore based on the negative effect of the extinguishment of the paper owner’s title, and the basic principle that what is required for a case in trespass is not ownership, but possession or a right to possession.’

Full Story

Hardwicke Chambers, 9th November 2017

Source: www.hardwicke.co.uk

Reasonable Belief in Adverse Possession – 14 Years Later – Hardwicke Chambers

Posted November 22nd, 2017 in adverse possession, land registration, legislation, limitations, news, statutory interpretation, time limits, trespass by sally

‘The doctrine of adverse possession arises from the Limitation Act 1980. Section 15(1) provides that no action shall be brought by any person to recover any land after the expiration of 12 years from the date on which the right of action accrued. Sections 1-7 provide that at the expiration of the period of 12 years the title of the paper owner is extinguished. The claim of a person to a possessory title was therefore based on the negative effect of the extinguishment of the paper owner’s title, and the basic principle that what is required for a case in trespass is not ownership, but possession or a right to possession.’

Full Story

Hardwicke Chambers, 9th November 2017

Source: www.hardwicke.co.uk

Deposits, Lies and Unlawful Evictions – Nearly Legal

Posted November 1st, 2017 in damages, deposits, landlord & tenant, news, repossession, trespass by sally

‘The Claimants were the tenants of a property owned by the Defendant by way of an Assured Shorthold Tenancy Agreement dated 18th September 2012. A deposit was paid in the sum of £500 but not protected by the Defendant.’

Full Story

Nearly Legal, 31st October 2017

Source: nearlylegal.co.uk

The felling of protest? – UK Police Law Blog

Posted October 2nd, 2017 in contracting out, demonstrations, environmental protection, human rights, injunctions, local government, news, statutory duty, trees, trespass by sally

‘In Sheffield City Council v Fairhall [2017] EWHC 2121 (QB), the Court has been asked to consider the extent to which the decision in DPP v Jones [1999] UKHL 5; [1999] 2 AC 240 can be relied upon as a right to conduct peaceful but disruptive protest on the highway.’

Full Story

UK Police Law Blog, 30th September 2017

Source: ukpolicelawblog.com

£2 million legal battle over damage from sticky lime sap – Daily Telegraph

Posted December 5th, 2016 in news, nuisance, trees, trespass by sally

‘A wealthy solicitor is embroiled in a bitter legal dispute with his neighbour over a lime tree he claims is damaging his £1.3 million home and smearing unsightly sap over his windows.’

Full story

Daily Telegraph, 3rd December 2016

Source: www.telegraph.co.uk

Landlords behaving badly – Nearly Legal

Posted August 15th, 2016 in civil justice, compensation, costs, damages, fines, harassment, housing, injunctions, landlord & tenant, news, part 36 offers, repossession, striking out, time limits, trespass by sally

‘While the Magistrates Courts continue to hand out paltry fines to landlords on conviction for illegal eviction, despite the removal of the upper £5000 limit, it is good to see that the civil courts are capable of taking a more reasonable approach to quantum.’

Full story

Nearly Legal, 13th August 2016

Source: www.nearlylegal.co.uk

Retired businessman loses battle with archaeological society over ‘plebeian’ tour groups spoiling his elevenses – Daily Telegraph

Posted August 1st, 2016 in complaints, news, rights of way, trespass by Mark L

‘A retired businessman has lost his battle with a local archaeological society after complaining about “plebeian” members of historical tour groups spoiling his elevenses.’

Full story

Daily Telegraph, 31st July 2016

Source: www.telegraph.co.uk

Former fashion executive to face no further action over fatal altercation – The Guardian

Posted April 29th, 2016 in assault, news, prosecutions, trespass by tracey

‘A former fashion executive will face no further action after a neighbour who allegedly trespassed at his home was fatally wounded last year.’

Full story

The Guardian, 29th April 2016

Source: www.guardian.co.uk

Planning for Protests – Tanfield Chambers

Posted April 26th, 2016 in adjournment, civil procedure rules, demonstrations, human rights, news, trespass by sally

‘In recent years there have been many high-profile protests on public property; St Paul’s Cathedral and the Parliament Square protests are two of the best known. These resulted in the cases of City of London v Samede and others [2012] EWCA Civ 160 and Hall and others v Mayor of London [2010] EWCA Civ 817. There are also numerous instances of protesters occupying privately-owned commercial land, claiming the protection of human rights defences to stay in possession. Ultimately, the law is against the trespassers but, without swift action, delay can cost the landowner significant sums. These costs are commonly due to the extra security required to prevent further trespassers from entering; the halt to construction or refurbishment works; and the disruption to a working building. It is not uncommon for landowners to incur costs of several hundred thousand pounds while enforcing possession orders against trespassers. Owners would be well advised to plan for such an incursion if there is a risk that their property could be a target.’

Full story

Tanfield Chambers, 19th April 2016

Source: www.tanfieldchambers.co.uk

Regina v Pacurar – WLR Daily

Posted April 20th, 2016 in appeals, law reports, sexual offences, trespass by sally

Regina v Pacurar

‘The defendant was charged with trespass with intent to commit a sexual offence contrary to section 63(1) of the Sexual Offences Act 2003. The prosecution case was that the defendant had entered a family’s home as a trespasser, and had been naked and touching his penis in the presence of family members: further, that while being ejected from the house by the father of the family, he had made an unseemly sexual suggestion. In interview with the police the defendant had denied ever having entered the house. On closure of the prosecution case the defendant submitted that there was no case to answer because the prosecution had not particularised the sexual offence which it was asserted that he had intended to commit. The prosecution submitted that it was sufficient that their case was that the intent relied on was to commit one or more of the offences set out in sections 1 to 3 and 5 to 7 of the Sexual Offences Act 2003. The trial judge rejected the submission of no case to answer and the defendant was convicted. The defendant appealed against conviction on the ground, among others, that the prosecution had been obliged to specify the sexual offence which it was asserted that the defendant had intended to commit.’

WLR Daily, 13th April 2016

Source: www.iclr.co.uk

Heathrow 13: climate change protesters avoid jail – The Guardian

Posted February 25th, 2016 in airports, demonstrations, news, sentencing, trespass by sally

‘Six women and seven men have avoided jail for trespassing at Heathrow, following a protest against the possible expansion of the airport.’

Full story

The Guardian, 24th February 2016

Source: www.guardian.co.uk

High Court enforcement continued – Nearly Legal

Posted February 15th, 2016 in appeals, civil procedure rules, codes of practice, enforcement, housing, landlord & tenant, news, notification, practice directions, repossession, Supreme Court, trespass by sally

‘In what has turned into a continuing series, there are further updates on enforcement of possession orders via the High Court, obtaining writs and the scandalous conduct of many High Court Enforcement Officers.’

Full story

Nearly Legal, 13th February 2016

Source: www.nearlylegal.co.uk

Jailing Heathrow 13 poses ‘massive threat’ to peaceful protest rights – The Guardian

Posted February 12th, 2016 in demonstrations, environmental protection, news, sentencing, trespass by sally

‘Jailing the 13 activists who last year chained themselves on Heathrow’s northern runway in protest at the airport’s expansion would represent a “massive threat” to the right to peaceful protest in the UK, according to John McDonnell and Caroline Lucas.’

Full story

The Guardian, 12th February 2016

Source: www.guardian.co.uk

Heathrow 13: Jailing peaceful protesters would be ‘unprecedented’ attack on dissent, judge told – The Independent

Posted February 3rd, 2016 in airports, demonstrations, environmental protection, freedom of expression, news, sentencing, trespass by sally

‘A judge has been urged not to act on her threat to jail 13 peaceful environmental protesters – as campaigners warn that the British legal system’s long-standing tolerance towards non-violent direct action is under threat.’

Full story

The Independent, 2nd February 2016

Source: www.independent.co.uk

A scandal unfolds: High Court enforcement again – Nearly Legal

Posted January 7th, 2016 in abuse of process, enforcement, housing, landlord & tenant, news, repossession, trespass by sally

‘In our last post, we dealt with the issue of an application for a High Court writ being made in tenant possession cases by way of form N293A. To recap, this is the form which expressly states “This judgment or order has been sent to the High Court for enforcement by (Writ of Possession against trespassers) only”.’

Full story

Nearly Legal, 6th January 2016

Source: www.nearlylegal.co.uk