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06 May 2010 / Kenneth A Warner
Issue: 7416 / Categories: Features , Landlord&tenant , Property
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Remedies for trespass

Kenneth A Warner examines cases of unlawful encampments

In an action for trespass to land a plaintiff is entitled to seek damages in respect of any injury inflicted to the land itself. More commonly, or in addition, the plaintiff will seek an injunction against the continuation of the trespass. But an injunction is an equitable remedy and therefore discretionary, and before it will be granted it is necessary that the defendant has established some recognised, unlawful possession, of that land. Similarly, an order for possession is predicated upon the defendant in some way putting the plaintiff out of possession.

In Environment Secretary v Meier [2009] UKSC 11, [2010] 1 All ER 855, a number of persons who pursued a lifestyle in Britain as travellers, had set up camp at Hethfelton Wood in Dorset. Hethfelton Wood is under  the occupation of the Forestry Commission. The practice of the commission was to afford members of the public relatively free access to the areas under their management. For this reason, the land in question was not

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NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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