University of Birmingham v Persons Unknown & Anor [2024] EWHC 1529 (KB) (19 June 2024)

University of Birmingham v Persons Unknown & Anor [2024] EWHC 1529 (KB) (19 June 2024)

The University is entitled to interim possession orders against non-students on the Edgbaston campus and all persons unknown on Chancellor's Court, but not against students on Green Heart pending adjournment, as the balance between property rights and statutory/human rights duties requires further argument and evidence. The University's statutory and contractual duties to protect freedom of speech and assembly for students may provide a defence to possession, and the University's procedures and engagement require scrutiny. The scope of possession orders must be limited to what is justified by evidence of disruption and risk.

Citation
[2024] EWHC 1529 (KB)
Parties
Claimant: The University of Birmingham; 1st Defendant: Persons Unknown; 2nd Defendant: Mariyah Ali
Jurisdiction
England and Wales
Judgment Date
19 June 2024
Procedural Posture
Possession Proceedings Under CPR Part 55 / Interim Judgment on Urgent Application for Possession Order; Adjournment for Further Hearing
Outcome
Interim possession orders granted in part; adjournment for further hearing.
Legal Topics
Possession of Land, Trespass, Freedom of Speech, Freedom of Assembly, University Regulations, Student Protests, Interim Relief, Balancing Property Rights and Human Rights
Property Law Human Rights Law Education Law Civil Procedure Possession of Land Trespass Freedom of Speech Freedom of Assembly +4 more

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Parties

The University of Birmingham

Claimant

Persons Unknown

1st Defendant

Mariyah Ali

2nd Defendant

Procedural Posture

Possession Proceedings Under CPR Part 55 / Interim Judgment on Urgent Application for Possession Order; Adjournment for Further Hearing

Legal Issues

  1. 1 Whether the University is entitled to possession orders against protest camps on its land
  2. 2 Whether students have a licence to use University land for protest
  3. 3 Whether University regulations and codes adequately protect students' rights to freedom of speech and assembly

Ratio Decidendi

The University is entitled to interim possession orders against non-students on the Edgbaston campus and all persons unknown on Chancellor's Court, but not against students on Green Heart pending adjournment, as the balance between property rights and statutory/human rights duties requires further argument and evidence. The University's statutory and contractual duties to protect freedom of speech and assembly for students may provide a defence to possession, and the University's procedures and engagement require scrutiny. The scope of possession orders must be limited to what is justified by evidence of disruption and risk.

Court Disposition

Interim possession orders granted in part; adjournment for further hearing.

Orders

  • Possession order granted against non-students on Edgbaston campus and all persons unknown on Chancellor's Court.
  • Adjournment of application for possession against students on Green Heart area to 25th June 2024.