header-logo header-logo

09 February 2018 / Gavin Bennison
Issue: 7780 / Categories: Features , Property
printer mail-detail

Possession claims against trespassers (Pt I)

nlj_7780_bennison

In this two-part series, Gavin Bennison considers the practicalities of obtaining injunctive relief against trespassers in County Court possession proceedings. This week—injunctions

  • When and how practitioners bringing possession claims against trespassers in the County Court under CPR Pt 55 might going about seeking injunctive relief in addition to a possession order.

In Secretary of State for the Environment, Food and Rural Affairs v Meier & Ors [2010] 1 All ER 855, the Supreme Court held unanimously, affirming a 2–1 decision of the Court of Appeal, that a court might combine an order for possession of land made against trespassers with a prohibitory injunction restraining continued trespass onto the same land. In the author’s experience, however, it is rare that an injunction restraining trespass is sought in addition to an order for possession in possession proceedings against trespassers brought in the county court under Part 55 of the Civil Pocedure Rules (CPR). A recent case, which concerned repeated and wide-ranging acts of trespass onto a large plot of scrubland, afforded the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
back-to-top-scroll