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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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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

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Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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