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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
back-to-top-scroll