Sun Street Property Ltd v Persons Unknown

Sun Street Property Ltd v Persons Unknown

The interim injunction was properly granted to prevent further trespass and for safety reasons; it was not used to circumvent possession proceedings. The possession order, though served with inadequate notice, should not be set aside because the Occupiers have no substantial defence on the merits. Articles 10 and 11 ECHR do not override the claimant's property rights in these circumstances, as the Occupiers can exercise their rights of expression and assembly elsewhere.

Parties
Claimant/respondent: Sun Street Property Limited; Defendants/applicants: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
07 December 2011
Procedural Posture
Civil Possession and Injunction / Ruling on Applications to Set Aside Injunction and Possession Order
Outcome
Applications to set aside injunction and possession order dismissed
Legal Topics
Possession Proceedings Against Trespassers, Interim Injunctions, Service of Process, Articles 10 and 11 ECHR, Balancing Property Rights and Protest Rights
Civil Procedure Property Law Human Rights Possession Proceedings Against Trespassers Interim Injunctions Service of Process Articles 10 and 11 ECHR Balancing Property Rights and Protest Rights

Case Brief

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Parties

Sun Street Property Limited

Claimant/respondent

Persons Unknown

Defendants/applicants

Procedural Posture

Civil Possession and Injunction / Ruling on Applications to Set Aside Injunction and Possession Order

Legal Issues

  1. 1 Whether the interim injunction should be set aside for being granted without notice
  2. 2 Whether the possession order should be set aside due to inadequate notice and procedural defects
  3. 3 Whether Articles 10 and 11 ECHR provide a defence to possession proceedings by balancing protest rights against property rights

Ratio Decidendi

The interim injunction was properly granted to prevent further trespass and for safety reasons; it was not used to circumvent possession proceedings. The possession order, though served with inadequate notice, should not be set aside because the Occupiers have no substantial defence on the merits. Articles 10 and 11 ECHR do not override the claimant's property rights in these circumstances, as the Occupiers can exercise their rights of expression and assembly elsewhere.

Court Disposition

Applications to set aside injunction and possession order dismissed

Orders

  • Interim injunction remains in force
  • Possession order stands; application to set aside dismissed