A scandal unfolds: High Court enforcement again – Nearly Legal

‘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”.’

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Nearly Legal, 6th January 2016

Source: www.nearlylegal.co.uk

Unlawful seizure of a table and other bits – Nearly Legal

Posted December 7th, 2015 in appeals, budgets, housing, legal aid, local government, news, trespass by sally

‘On 5 December, a Newham Council officer, together with police, seized a table from the regular Saturday street campaign of Focus E15 – the housing rights protest group. The seizure was stated to be under London Local Authorities and Transport for London Act 2003.’

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Nearly Legal, 6th December 2015

Source: www.nearlylegal.co.uk

‘Porn obsessed’ man filmed women and children – BBC News

‘A “pornography obsessed” man who spied on women and children – photographing and filming them with his phone – has been jailed for 12 years.’

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BBC News, 17th November 2015

Source: www.bbc.co.uk

Legal notice served over ‘offensive’ coffee shop sign in London – Independent

Posted October 23rd, 2015 in landlord & tenant, leases, news, trespass by michael

‘An “offensive” coffee shop sign has found itself at the centre of a legal row in London.’

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Independent, 22nd October 2015

Source: www.independent.co.uk

Rickshaw driver in Westminster standoff spared further jail – The Guardian

Posted September 2nd, 2015 in criminal damage, mental health, news, parliament, public order, sentencing, trespass by sally

‘A rickshaw driver who caused £5,500 of damage to the Houses of Parliament during an overnight rooftop standoff has been spared further time in custody after admitting criminal damage and trespassing.’

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The Guardian, 1st September 2015

Source: www.guardian.co.uk

Neighbours from hell: Damages for residual diminution in value – New Square Chambers

Posted July 28th, 2015 in appeals, damages, harassment, news, nuisance, trespass, valuation by sally

‘The recent decision of the Court of Appeal in Raymond v Young [2015] EWCA Civ 456 concerned the principles to be applied when considering what damages to award to property owners who were the victims of shocking harassment, trespass and nuisance conducted by their neighbours over a period of several years.’

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New Square Chambers, 26th May 2015

Source: www.newsquarechambers.co.uk

Family of burglar who fell through roof face £250k bill for trying to sue council – Daily Telegraph

‘Judge rules in Staffordshire council’s favour after Thomas Buckett suffered 10 skull fractures and spent two weeks in a coma.’

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Daily Telegraph, 14th April 2015

Source: www.telegraph.co.uk

Government not required to disclose full details of defence – UK Human Rights Blog

‘The High Court has ruled that in a case against the state which did not directly affect the liberty of the subject, there was no irreducible minimum of disclosure of the state’s case which the court would require. The consequences of such disclosure for national security prevailed.’

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UK Human Rights Blog, 27th October 2014

Source: www.ukhumanrightsblog.com

Manchester Ship Canal Co Ltd v United Utilities Water plc (Canal & River Trust and others intervening); Same and another v Same (Same intervening) – WLR Daily

Manchester Ship Canal Co Ltd v United Utilities Water plc (Canal & River Trust and others intervening); Same and another v Same (Same intervening) [2014] UKSC 40; [2014] WLR (D) 291

‘Under the Water Industry Act 1991 sewerage undertakers were impliedly empowered to discharge surface water and other non-pollutant water into private watercourses to which they were already discharging at the time the Act came into force, but had no right to create new outfalls into such watercourses without the agreement of their owners.’

WLR Daily, 2nd July 2014

Source: www.iclr.co.uk

The Manchester Ship Canal Company Ltd and another (Respondents) v United Utilities Water Plc (Appellant) – Supreme Court

Posted July 3rd, 2014 in appeals, canals, law reports, sewerage, Supreme Court, trespass, water companies by sally

The Manchester Ship Canal Company Ltd and another (Respondents) v United Utilities Water Plc (Appellant) [2014] UKSC 40 (YouTube)

Supreme Court, 2nd July 2014

Source: www.youtube.com/user/UKSupremeCourt

Boundary disputes: Evidence – The pitfalls and practicalities – Hardwicke Chambers

Posted May 12th, 2014 in appeals, boundaries, costs, evidence, news, trespass by sally

‘Boundary disputes are rarely cost effective and the courts often make orders that make them disproportionately costly for the winner as well as the loser. Two recent cases demonstrate that risk and the importance of fully exploring and considering the available and/or potential evidence as early as possible.’

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Hardwicke Chambers, 7th May 2014

Source: www.hardwicke.co.uk

Adverse possession through criminal trespass – NearlyLegal

Posted May 9th, 2014 in adverse possession, news, trespass by sally

‘Way back when s.144 LASPO 2012 was first proposed, I noted that one of the unaddressed questions (indeed a question that nobody even thought to consider) was how s.144 would interact with statute and case law on adverse possession.’

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NearlyLegal, 8th May 2014

Source: www.nearlylegal.co.uk

Public and private law wrongs are not the same – Court of Appeal – UK Human Rights Blog

‘ Tchenguiz v. Director of the Serious Fraud Office [2014] EWCA Civ 472, 15 April 2014. This judgment is a neat illustration of how important it is to keep the concepts of public law and private law unlawfulness separate – they do not necessarily have the same legal consequences.’

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UK Human Rights Blog, 15th April 2014

Source: www.ukhumanrightsblog.com

Art 8 and private landowners after Manchester Ship Canal Developments v Persons Unknown – Hardwicke Chambers

Posted April 8th, 2014 in human rights, news, repossession, trespass by sally

‘There is still no definitive answer as to how art 8 of the ECHR will engage between private individuals in an action by a private landowner to recover possession from ab initio trespassers who have unlawfully set up home on his land. However, there has been a step forward in the Manchester Ship Canal case.’

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Hardwicke Chambers, 18th March 2014

Source: www.hardwicke.co.uk

Anti-fracking protesters’ Convention rights against private landowners – UK Human Rights Blog

Posted March 18th, 2014 in energy, fracking, freedom of expression, human rights, news, repossession, trespass by tracey

‘Manchester Ship Canal Developments v Persons Unknown [2014] EWHC 645 (Ch). The Chancery Court has ruled that Convention rights may be engaged in disputes between private landowners and trespassers, thereby making it incumbent on the court under Section 6 of the Human Rights Act to balance the trespassers’ rights under Article 8 against the landowner’s rights under Article 1 Protocol 1.’

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UK Human Rights Blog, 18th March 2014

Source: www.ukhumanrightsblog.com

Article 8 and the Private Sector – NearlyLegal

‘In one sense, the possession claim in Manchester Ship Canal Developments v Persons Unknown [2014] EWHC 645 (Ch) follows a fairly predictable course. The Defendants were a group of activists who had set up camp on Barton Moss Lane, Manchester, in protest at the drilling program being undertaken by a company, Igas Energy plc. The Claimants had granted Igas a licence to drill on the land nearby and the protest was intended to deter the controversial fracking process which the activists feared would ensue.’

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NearlyLegal, 16th March 2014

Source: www.nearlylegal.co.uk

Anti-fracking campaigners challenge eviction attempt in court – The Guardian

‘Anti-fracking protesters who have been camping by a drill site in Greater Manchester since late October have appeared in court to challenge attempts to evict them.’

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The Guardian, 6th March 2014

Source: www.guardian.co.uk

Pop stars’ daughter who glued herself to anti-fracking protester found guilty – The Guardian

‘The daughter of musicians Ray Davies and Chrissie Hynde has been found guilty after supergluing herself to a fellow anti-fracking protester outside the main gate of an exploratory oil drilling site.’

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The Guardian, 24th February 2014

Source: www.guardian.co.uk

‘War crimes’ defence against Israel company protest convictions fails in Supreme Court – UK Human Rights Blog

Posted February 7th, 2014 in defences, demonstrations, news, public order, trespass by tracey

‘Richardson v Director of Public Prosecutions [2014] UKSC 8. The tactics of protesters engaging in demonstrations, or acts of civil disobedience, frequently raise interesting questions of law. A demonstration by two activists opposed to the Israeli occupation of the Palestinian Territories, who entered a shop in Covent Garden which sold produce from the Dead Sea, produced on an Israeli settlement, recently resulted in the Supreme Court addressing two such questions.’

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UK Human Rights Blog, 7th February 2014

Source: www.ukhumanrightsblog.com

Richardson and another (Appellants) v Director of Public Prosecutions (Respondent) – Supreme Court

Posted February 6th, 2014 in appeals, crime, demonstrations, law reports, Supreme Court, trespass by sally

Richardson and another (Appellants) v Director of Public Prosecutions (Respondent) [2014] UKSC 8 (YouTube)

Supreme Court, 5th February 2014

Source: www.youtube.com/user/UKSupremeCourt