School of Oriental And African Studies (SOAS) v Persons Unknown

School of Oriental And African Studies (SOAS) v Persons Unknown

SOAS, as leasehold owner, is entitled to immediate possession of the Brunei Suite and the whole campus as the protestors are trespassers; there is no arguable defence based on the lease or human rights, as Articles 10 and 11 ECHR do not override SOAS's property rights in these circumstances.

Parties
Claimant: School of Oriental and African Studies; Defendants: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
25 November 2010
Procedural Posture
Civil Possession Proceedings / Judgment on Application for Immediate Possession Order
Outcome
Immediate possession order granted in favour of SOAS against persons unknown for the whole campus.
Legal Topics
Possession of Land, Trespass, Student Protests, Freedom of Expression, Freedom of Assembly
Property Law Human Rights Law Civil Procedure Possession of Land Trespass Student Protests Freedom of Expression Freedom of Assembly

Case Brief

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Parties

School of Oriental and African Studies

Claimant

Persons Unknown

Defendants

Procedural Posture

Civil Possession Proceedings / Judgment on Application for Immediate Possession Order

Legal Issues

  1. 1 Whether SOAS is entitled to an immediate possession order against persons unknown occupying the Brunei Suite and potentially the whole campus
  2. 2 Whether the protestors have any arguable defence based on property rights, the lease, or human rights (Articles 10 and 11 ECHR)
  3. 3 Whether SOAS's decision to seek possession is reasonable and lawful

Ratio Decidendi

SOAS, as leasehold owner, is entitled to immediate possession of the Brunei Suite and the whole campus as the protestors are trespassers; there is no arguable defence based on the lease or human rights, as Articles 10 and 11 ECHR do not override SOAS's property rights in these circumstances.

Court Disposition

Immediate possession order granted in favour of SOAS against persons unknown for the whole campus.

Orders

  • Immediate possession of the whole SOAS campus granted to SOAS.