Jones & Anor v Persons Unknown & Anor

Jones & Anor v Persons Unknown & Anor

Claimants are entitled to possession as freehold owners; no evidence of consent or licence; service was properly effected; no genuine dispute on substantial grounds; Human Rights Act and European Convention do not bar possession; order for possession granted; no order as to costs against named defendant.

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 Delivered
Outcome
Order for possession granted in favour of 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 Delivered

Legal Issues

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

Ratio Decidendi

Claimants are entitled to possession as freehold owners; no evidence of consent or licence; service was properly effected; no genuine dispute on substantial grounds; Human Rights Act and European Convention do not bar possession; order for possession granted; no order as to costs against named defendant.

Court Disposition

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

Orders

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