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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

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
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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