Sussex landowners mount ‘legal blockade’ against fracking – BBC News

‘Landowners in the Sussex Downs National Park are mounting a “legal blockade” to block a potential fracking site. Solicitors for residents near Fernhurst, in West Sussex, have written to Celtique Energie and the Energy Secretary Ed Davey to explicitly deny permission to drill under their land.’

Full story

BBC News, 3rd February 2014

Source: www.bbc.co.uk

Prosecutors drop case against men caught taking food from Iceland bins – The Guardian

Posted January 30th, 2014 in food, news, prosecutions, public interest, theft, trespass by sally

‘Three men caught taking discarded food from bins outside an Iceland store will not now be prosecuted after an explosion of criticism over the decision to bring charges against them, including from the company’s chief executive.’

Full story

The Guardian, 29th January 2014

Source: www.guardian.co.uk

Law could be changed to allow fracking below houses without owners’ permission – The Independent

Posted January 27th, 2014 in compensation, consent, energy, environmental protection, fracking, news, trespass by sally

‘Ministers are reportedly reviewing laws that would allow fracking to be carried out underneath houses without the permission of the owners.’

Full story

The Independent, 26th January 2014

Source: www.independent.co.uk

Buckingham Palace protester jailed – Daily Telegraph

Posted January 16th, 2014 in demonstrations, news, offensive weapons, sentencing, social security, trespass by tracey

‘A man who staged a stunt in which he leapt over a vehicle barrier at Buckingham Palace armed with a knife as a protest against his Incapacity Benefit being stopped has been jailed for 16 months.’

Full story

Daily Telegraph, 15th January 2014

Source: www.telegraph.co.uk

Violent rapist jailed after court of appeal quashes acquittal – The Guardian

‘A violent rapist has been jailed for life after a landmark legal ruling in which his original acquittal for the offence was quashed by the court of appeal.’

Full story

The Guardian, 7th December 2013

Source: www.guardian.co.uk

Of Superglue and Residence – NearlyLegal

Posted November 7th, 2013 in evidence, housing, news, retrials, squatting, trespass by tracey

“A prosecution under s.144 LASPO that came unstuck.”

Full story

NearlyLegal, 5th November 2013

Source: www.nearlylegal.co.uk

Darrell Mercer jailed for attack on sleeping girl, 10 – BBC News

“A convicted sex offender who grabbed a 10-year-old girl as she lay asleep in bed has been jailed for four years.”

Full story

BBC News, 5th November 2013

Source: www.bbc.co.uk

David Mead: The Continuing Mystery of “Publicness” Within Section 6 of the HRA – UK Constitutional Law Group

Posted October 17th, 2013 in demonstrations, human rights, news, sport, trespass by sally

“Guessing that it was not on my usual diet of journals, a colleague recently suggested an article in The Conveyancer that might be of interest. Emma Lees had written an interesting piece ((2013) 77 Conv. 211) on protest occupations and actions for possession but one aspect unrelated to the main topic intrigued me more than any other. In Olympic Delivery Authority v Persons Unknown [2012] EWCA 1012 Ch, the ODA, established under s.3 of the London Olympic Games and Paralympic Games Act 2006, sought injunctions to restrain protesters from entering and/or occupying land that was being developed as part of the Olympic site. Mr Justice Arnold had held that he was required to balance the rights of the putative protesters under Articles 10 and 11 with the ODA’s rights to peaceful enjoyment of possessions under the 1st Protocol (at [24]). I’d skimmed the case last year when judgment was delivered but hadn’t really noticed the point that Emma Lees was making: that it was ‘somewhat surprising that [the ODA] is deemed capable also of possessing human rights’ (Lees, p.215) as it is acknowledged elsewhere in the judgment as a public authority (though Lees uses the term ‘public body’).”

Full story

UK Constitutional Law Group, 17th October 2013

Source: www.ukconstitutionallaw.org

Dangerous dogs plan will mean no ‘innocent’ trespassers – BBC News

Posted September 10th, 2013 in bills, dogs, news, select committees, trespass by tracey

“Dog owners will be safe from prosecution under revised dangerous dogs laws if their pet attacks someone trespassing in their home – even if the ‘intruder’ is doing a good turn.”

Full story

BBC News, 9th September 2013

Source: www.bbc.co.uk

Local authorities and fracking – Hardwicke Chambers

“To its supporters fracking is a revolutionary method of extracting gas and oil which will help drive down fuel prices in the UK, lower CO2 emissions and reduce the country’s dependence on foreign energy supplies. To its opponents it is a dangerous distraction from investment in renewable fuels, which can lead to the escape of carcinogenic chemicals into water supplies and which can cause minor earthquakes.”

Full story

Hardwicke Chambers, 24th July 2013

Source: www.hardwicke.co.uk

Guerilla gardening in unlawfully occupied property did not give rise to Article 8 rights – UK Human Rights Blog

Posted July 9th, 2013 in appeals, human rights, news, repossession, squatting, trespass by sally

“A common law rule that the court had no jurisdiction to extend time to a trespasser could no longer stand against the Article 8 requirement that a trespasser be given some time before being required to vacate.”

Full story

UK Human Rights Blog, 8th July 2013

Source: www.ukhumanrightsblog.com

McFail – NearlyLegal

“This was a case that was potentially important for establishing whether Article 8 defences could be run by private tenants, or by licencees and occupiers of private land. Despite Sir Alan Ward’s opening, the case falls short of being that, as we shall see.”

Full story

NearlyLegal, 7th July 2013

Source: www.nearlylegal.co.uk

West Burton power station: 21 protesters sentenced – BBC News

Posted June 10th, 2013 in conditional discharge, demonstrations, energy, news, trespass by sally

“Twenty-one people who occupied a power station for a week have avoided custodial sentences.”

Full story

BBC News, 6th June 2013

Source: www.bbc.co.uk

Use of force in self defence at the place of residence – Ministry of Justice

Posted April 29th, 2013 in burglary, circulars, criminal procedure, self-defence, trespass by tracey

“This circular describes the intended purpose of changes to the law on the use of force in self defence in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the Crime and Courts Bill and outlines the arrangements for their commencement.”

Full circular

Ministry of defence, 29th April 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

‘In the sure and certain hope of the resurrection’ – Zenith Chambers

Posted April 23rd, 2013 in appeals, housing, landlord & tenant, local government, news, notification, trespass by sally

“The concept of the tolerated trespasser came about as a result of London Borough of Brent v Burrows [1996] 1 WLR 1448. It is a concept familiar to housing lawyers, and one whose demise was little mourned. It caused much argument, litigation and confusion in housing law. The amendments introduced by the Housing and Regeneration Act 2008 were intended (by ensuring that a secure tenancy did not come to an end before execution of any possession order) to be the final nail on the coffin of the tolerated trespasser. As a concept, they would no longer exist.”

Full story (PDF)

Zenith Chambers, 23rd April 2013

Source: www.zenithchambers.co.uk

Bauer and others v Director of Public Prosecutions (Liberty intervening) – WLR Daily

Posted March 27th, 2013 in demonstrations, intimidation, law reports, trespass by tracey

Bauer and others v Director of Public Prosecutions (Liberty intervening): [2013] EWHC 634 (Admin);   [2013] WLR (D)  121

“Continued occupation as a trespasser could in appropriate circumstances amount to an additional act beyond the initial act of trespass as required by section 68(1) of the Criminal Justice and Public Order Act 1994 in order to prove an offence of aggravated trespass.”

WLR Daily, 22nd March 2013

Source: www.iclr.co.uk

Energy giant EDF drops lawsuit against climate change protesters after backlash – The Independent

Posted March 14th, 2013 in compensation, demonstrations, energy, news, trespass by sally

“Energy giant EDF today dropped a £5m law suit against 21 climate change protesters that shut down the company’s new West Burton gas-fired power station last October.”

Full story

The Independent, 13th March 2013

Source: www.independent.co.uk

Google faces legal action over alleged secret iPhone tracking – The Guardian

Posted January 28th, 2013 in compensation, computer crime, fines, internet, news, privacy, telecommunications, trespass by sally

“Google is facing a fresh privacy battle in the UK over its alleged secret tracking of the internet habits of millions of iPhone users.”

Full story

The Guardian, 27th January 2013

Source: www.guardian.co.uk

Withdrawn, dismissed or discontinued – the extent of consent – NearlyLegal

Posted October 29th, 2012 in appeals, consent orders, landlord & tenant, news, receivers, trespass by sally

“A case perhaps best filed under the ‘Ooops’ category, which only took a trip to the Court of Appeal to sort out.”

Full story

NearlyLegal, 25th October 2012

Source: www.nearlylegal.co.uk

Anti-fracking activists found guilty of trespass – The Guardian

“Three activists were found guilty at Preston magistrates court on Tuesday on charges of aggravated trespass and assault after occupying a fracking rig in a Lancashire protest last year.”

Full story

The Guardian, 17th July 2012

Source: www.guardian.co.uk