University of Brighton v Persons Unknow Occupying Land

University of Brighton v Persons Unknow Occupying Land

A final injunction is justified because there is a sufficiently real and imminent risk of repetition of trespass by persons unknown, the terms of the injunction are clear, limited, and proportionate, and the likely harm from further occupation is grave and irreparable, including health and safety risks, irrecoverable costs, and reputational damage. Damages would be inadequate. The injunction is limited to six months, reflecting the anticipated duration of the underlying dispute.

Parties
Claimant: University of Brighton; Defendants: Persons Unknown Occupying Land (8th floor and roof of Cockcroft Building, Moulsecoomb Campus, University of Brighton, Lewes Road, BN2 4GJ)
Jurisdiction
England and Wales
Judgment Date
11 September 2024
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, Quia Timet Injunctions, Trespass, Protest Rights, Interim and Final Injunctions
Civil Procedure Property Law Human Rights Possession Proceedings Quia Timet Injunctions Trespass Protest Rights Interim and Final Injunctions

Case Brief

Summary, issues, holding and outcome

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Parties

University of Brighton

Claimant

Persons Unknown Occupying Land (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
  2. 2 Whether the risk of repetition is sufficiently real and imminent to justify quia timet relief
  3. 3 Whether the terms of the injunction are clear, precise, and proportionate

Ratio Decidendi

A final injunction is justified because there is a sufficiently real and imminent risk of repetition of trespass by persons unknown, the terms of the injunction are clear, limited, and proportionate, and the likely harm from further occupation is grave and irreparable, including health and safety risks, irrecoverable costs, and reputational damage. Damages would be inadequate. The injunction is limited to six months, reflecting the anticipated duration of the underlying dispute.

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, Lewes Road, BN2 4GJ for six months
  • Claimant granted permission to amend the claim form to include a claim for a final injunction