University of Brighton v Persons Unknown Occupying Land (Rev1) [2023] EWHC 1485 (KB) (16 June 2023)

University of Brighton v Persons Unknown Occupying Land (Rev1) [2023] EWHC 1485 (KB) (16 June 2023)

A final injunction is justified where there is a sufficiently real and imminent risk of repeat trespass, the harm is irreparable and not compensable by damages, and the injunction is clear, precise, and proportionate in scope and duration.

Citation
[2023] EWHC 1485 (KB)
Parties
Claimant: University of Brighton; Defendants: Persons Unknown Occupying Land (being those occupying the 8th floor and roof of Cockcroft Building, Moulsecoomb Campus, University of Brighton, Lewes Road, BN2 4GJ)
Jurisdiction
England and Wales
Judgment Date
16 June 2023
Procedural Posture
Civil (possession and Injunction) / Return Date Hearing for Interim Injunction; Application for Final Injunction
Outcome
Final injunction granted (with modifications)
Legal Topics
Possession Proceedings, Interim and Final Injunctions, Quia Timet Injunctions, Trespass, Protest Rights, Articles 10 & 11 ECHR
Property Law Civil Procedure Human Rights Possession Proceedings Interim and Final Injunctions Quia Timet Injunctions Trespass Protest Rights +1 more

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Parties

University of Brighton

Claimant

Persons Unknown Occupying Land (being those occupying the 8th floor and roof of Cockcroft Building, Moulsecoomb Campus, University of Brighton, Lewes Road, BN2 4GJ)

Defendants

Procedural Posture

Civil (possession and Injunction) / Return Date Hearing for Interim Injunction; Application for Final Injunction

Legal Issues

  1. 1 Whether a final injunction should be granted to restrain future acts of trespass by persons unknown on university premises
  2. 2 Whether the risk of future occupation is sufficiently real and imminent to justify quia timet relief
  3. 3 Whether the terms of the injunction are sufficiently clear, precise, and proportionate

Ratio Decidendi

A final injunction is justified where there is a sufficiently real and imminent risk of repeat trespass, the harm is irreparable and not compensable by damages, and the injunction is clear, precise, and proportionate in scope and duration.

Court Disposition

Final injunction granted (with modifications)

Orders

  • Final injunction restraining persons unknown from occupying the 8th floor and roof of Cockcroft Building, Moulsecoomb Campus, University of Brighton, for 6 months
  • Amendment of claim form to include claim for final injunction