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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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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