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

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
Artificial intelligence does not demand a wholesale rewrite of liability law, argues an article challenging claims that new technology has created an accountability gap
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
back-to-top-scroll