Secretary of State for the Environment, Food and Rural Affairs v Meier and others [2009] UKSC 11, [2009] All ER (D) 16 (Dec)
(i) A court had no power to grant an order for possession in respect of land not yet occupied or possessed by a defendant, even in circumstances in which it was found that the criteria under Drury v Secretary of State for the Environment, Food and Rural Affairs [2004] EWCA Civ 200, [2004] 2 All ER 1056 was satisfied.
(ii) The decision whether an injunction should be granted restraining a defendant from trespassing on land with which he was not in possession or occupation of would have to turn on the facts of each individual case. Where a trespass to property was threatened, and particularly where a trespass was being committed, and had been committed in the past, an injunction to restrain the threatened trespass (or continuing trespass) would, in the absence of good reasons to the contrary, be appropriate.
