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11 December 2009
Issue: 7397 / Categories: Case law , Law digest
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Land

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.

 

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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