Jones & Anor v Persons Unknown & Anor [2014] EWHC 4691 (Ch) (20 November 2014)

Jones & Anor v Persons Unknown & Anor [2014] EWHC 4691 (Ch) (20 November 2014)

Claimants are entitled to possession as freehold owners; occupation by protestors is without consent; service was valid; no substantial grounds for genuine dispute; Human Rights Act and European Convention defences do not preclude possession; no order as to costs against named defendant.

Citation
[2014] EWHC 4691 (Ch)
Parties
1st Claimant: Terence Neal Jones; 2nd Claimant: Terence Andrew Jones; 1st Defendant: Persons Unknown; 2nd Defendant: Brian Morgan
Jurisdiction
England and Wales
Judgment Date
20 November 2014
Procedural Posture
Possession Claim Against Trespassers / First Hearing, Judgment and Order
Outcome
Order for possession granted to claimants; no order as to costs.
Legal Topics
Possession Proceedings, Trespass, Service of Process, Jurisdiction, Human Rights Act Defences, Fracking Protests
Property Law Civil Procedure Human Rights Possession Proceedings Trespass Service of Process Jurisdiction Human Rights Act Defences +1 more

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Parties

Terence Neal Jones

1st Claimant

Terence Andrew Jones

2nd Claimant

Persons Unknown

1st Defendant

Brian Morgan

2nd Defendant

Procedural Posture

Possession Claim Against Trespassers / First Hearing, Judgment and Order

Legal Issues

  1. 1 Whether claimants are entitled to possession of land against protestors/trespassers
  2. 2 Whether service of proceedings was valid
  3. 3 Whether proceedings should be transferred to Wales

Ratio Decidendi

Claimants are entitled to possession as freehold owners; occupation by protestors is without consent; service was valid; no substantial grounds for genuine dispute; Human Rights Act and European Convention defences do not preclude possession; no order as to costs against named defendant.

Court Disposition

Order for possession granted to claimants; no order as to costs.

Orders

  • Defendants to give possession of land after 11.59 pm on 21 November 2014.
  • Defendants to remove all tents, equipment and rubbish prior to or upon giving up possession.