University of Nottingham v Joel Butterworth (also known as River Butterworth) & Anor

University of Nottingham v Joel Butterworth (also known as River Butterworth) & Anor

The University is entitled to a summary possession order because Mx Butterworth and the other campers are trespassers, there is no real prospect of a successful defence based on breach of policy, statute, or human rights, and no other compelling reason for trial exists. The University's actions are lawful, proportionate, and compatible with Convention rights.

Parties
Claimant: University of Nottingham; First Defendant: Mx Joel Butterworth (also known as River Butterworth); Defendants: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
07 September 2024
Procedural Posture
Civil Possession Proceedings / Summary Judgment Application
Outcome
Summary possession order granted
Legal Topics
Possession of Land, Freedom of Speech, Freedom of Assembly, University Governance, Trespass, Summary Judgment
Land Law Human Rights Law Administrative Law Possession of Land Freedom of Speech Freedom of Assembly University Governance Trespass +1 more

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Parties

University of Nottingham

Claimant

Mx Joel Butterworth (also known as River Butterworth)

First Defendant

Persons Unknown

Defendants

Procedural Posture

Civil Possession Proceedings / Summary Judgment Application

Legal Issues

  1. 1 Whether the University is entitled to a summary order for possession of its land against the campers
  2. 2 Whether the University's decisions to terminate licence and seek possession are unlawful for breach of policy, statute, or human rights

Ratio Decidendi

The University is entitled to a summary possession order because Mx Butterworth and the other campers are trespassers, there is no real prospect of a successful defence based on breach of policy, statute, or human rights, and no other compelling reason for trial exists. The University's actions are lawful, proportionate, and compatible with Convention rights.

Court Disposition

Summary possession order granted

Orders

  • Summary order for possession of the whole of the Jubilee Campus in favour of the University of Nottingham