‘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
‘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”.’
The Guardian, 28th June 2019
Source: www.theguardian.com
‘Move to evict protesters who have squatted site since 2010 comes days before judicial review of third runway plans.’
The Guardian, 27th February 2019
Source: www.theguardian.com
‘The Home Secretary has announced a series of legislative amendments aimed at improving the effectiveness of enforcement against unauthorised traveller encampments.’
Local Government Lawyer, 6th February 2019
Source: www.localgovernmentlawyer.co.uk
‘The Home Secretary has today (Wednesday 6 February) announced plans to give police tough new powers to crackdown on illegal traveller sites.’
Home Office, 6th February 2019
Source: www.gov.uk/home-office
‘There are increasing numbers of injunctions against incursions onto private and public land by “persons unknown”.’
Hardwicke Chambers, 7th November 2018
Source: hardwicke.co.uk
‘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.’
Falcon Chambers, May 2018
Source: www.falcon-chambers.com
‘The Court of Appeal has provided some useful (and dare I venture to say, some not so useful) guidance on damages for unlawful eviction.’
Hardwicke Chambers, 11th June 2018
Source: www.hardwicke.co.uk
‘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.’
Arden Chambers, 18th May 2018
Source: www.ardenchambers.com
‘Injunctions give sport clubs a useful tool to prevent access to grounds by ‘urban free climbers’ and other trespassers.’
OUT-LAW.com, 17th January 2018
Source: www.out-law.com
‘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.’
Daily Telegraph, 15th January 2018
Source: www.telegraph.co.uk
‘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.’
Hardwicke Chambers, 9th November 2017
Source: www.hardwicke.co.uk
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