The Chancellor, Masters and Scholars of the University of Cambridge v Persons Unknown [2025] EWHC 2330 (KB) (12 September 2025)
The University is entitled to final injunctive relief against persons unknown because there is a real and imminent risk of further trespass and nuisance, the University has sufficient proprietary rights over the relevant land, and the injunction is necessary, proportionate, and clear. The order does not disproportionately infringe the defendants' rights under Articles 10, 11, or 14 ECHR, as it pursues a legitimate aim, is rationally connected to that aim, is the least restrictive effective means, and strikes a fair balance between the rights of the University and protestors. There is no realistic prospect of a Convention rights defence succeeding. The University's application for summary...
- Citation
- [2025] EWHC 2330 (KB)
- Parties
- Claimant: The Chancellor, Masters and Scholars of the University of Cambridge; Defendants: Persons Unknown; Intervener: European Legal Support Centre; Intervener: Liberty
- Jurisdiction
- England and Wales
- Judgment Date
- 12 September 2025
- Procedural Posture
- Civil (injunction, Summary Judgment) / Final Judgment on Application for Summary Judgment and Final Injunctive Relief
- Outcome
- Summary judgment granted for the claimant. Final injunctive relief ordered against persons unknown for specified University sites until 25 July 2026. Permission to amend pleadings to include Chestnut Tree Lawn granted.
- Legal Topics
- Summary Judgment, Final Injunction, Trespass, Private Nuisance, Freedom of Expression (article 10 Echr), Freedom of Assembly (article 11 Echr), Discrimination (article 14 Echr), Quia Timet Injunctions, Persons Unknown, University Governance
Case Brief
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Parties
The Chancellor, Masters and Scholars of the University of Cambridge
Claimant
Persons Unknown
Defendants
European Legal Support Centre
Intervener
Liberty
Intervener
Procedural Posture
Civil (injunction, Summary Judgment) / Final Judgment on Application for Summary Judgment and Final Injunctive Relief
Legal Issues
- 1 Whether the University is entitled to final injunctive relief against 'persons unknown' to restrain threatened acts of trespass and nuisance on specified University land
- 2 Whether the grant of an injunction infringes the defendants' rights under Articles 10, 11, and 14 ECHR
- 3 Whether the University's application for summary judgment should be granted in the absence of an Acknowledgment of Service or Defence
Ratio Decidendi
The University is entitled to final injunctive relief against persons unknown because there is a real and imminent risk of further trespass and nuisance, the University has sufficient proprietary rights over the relevant land, and the injunction is necessary, proportionate, and clear. The order does not disproportionately infringe the defendants' rights under Articles 10, 11, or 14 ECHR, as it pursues a legitimate aim, is rationally connected to that aim, is the least restrictive effective means, and strikes a fair balance between the rights of the University and protestors. There is no realistic prospect of a Convention rights defence succeeding. The University's application for summary...
Court Disposition
Summary judgment granted for the claimant. Final injunctive relief ordered against persons unknown for specified University sites until 25 July 2026. Permission to amend pleadings to include Chestnut Tree Lawn granted.
Orders
- Final injunction restraining trespass and nuisance on Senate House, Senate House Yard, Old Schools, Greenwich House, and Chestnut Tree Lawn until 25 July 2026
- Permission to re-amend the Amended Claim Form and Particulars of Claim to include Chestnut Tree Lawn
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