School of Oriental And African Studies (SOAS) v Persons Unknown [2010] EWHC 3977 (Ch) (25 November 2010)

School of Oriental And African Studies (SOAS) v Persons Unknown [2010] EWHC 3977 (Ch) (25 November 2010)

SOAS, as leasehold owner, is entitled to immediate possession of its premises. The student occupation constitutes trespass, and Articles 10 and 11 ECHR do not provide a defence to possession proceedings on private land in these circumstances. There is no arguable defence, and the possession order should extend to the whole campus.

Citation
[2010] EWHC 3977 (Ch)
Parties
Claimant: School of Oriental and African Studies; Defendants: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
25 November 2010
Procedural Posture
Possession Proceedings / Application for Immediate Possession Order
Outcome
Immediate possession order granted in favour of SOAS against persons unknown, extending to the whole campus.
Legal Topics
Possession of Land, Trespass, Student Protests, Freedom of Expression, Freedom of Assembly, Interim Injunctions
Property Law Human Rights Law Civil Procedure Possession of Land Trespass Student Protests Freedom of Expression Freedom of Assembly +1 more

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Parties

School of Oriental and African Studies

Claimant

Persons Unknown

Defendants

Procedural Posture

Possession Proceedings / Application for Immediate Possession Order

Legal Issues

  1. 1 Whether SOAS is entitled to immediate possession of the Brunei Suite and campus against student protestors
  2. 2 Whether Articles 10 and 11 ECHR provide a defence to possession proceedings on private land
  3. 3 Whether SOAS's decision to seek possession is unreasonable or unlawful

Ratio Decidendi

SOAS, as leasehold owner, is entitled to immediate possession of its premises. The student occupation constitutes trespass, and Articles 10 and 11 ECHR do not provide a defence to possession proceedings on private land in these circumstances. There is no arguable defence, and the possession order should extend to the whole campus.

Court Disposition

Immediate possession order granted in favour of SOAS against persons unknown, extending to the whole campus.

Orders

  • Immediate possession of the whole SOAS campus granted to the claimant
  • No further adjournment for the defendants to seek additional grounds of defence