University of Nottingham v Butterworth & Ors [2024] EWHC 1771 (KB) (09 July 2024)

University of Nottingham v Butterworth & Ors [2024] EWHC 1771 (KB) (09 July 2024)

The University is entitled to a summary possession order because the defendants are trespassers with no right to occupy the land, there is no real prospect of a successful defence based on public law or human rights grounds, and no other compelling reason for trial exists. The University's actions were lawful, proportionate, and compatible with Convention rights.

Citation
[2024] EWHC 1771 (KB)
Parties
Claimant: University of Nottingham; First Defendant: Mx Joel Butterworth (also known as River Butterworth); Defendants: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
09 July 2024
Procedural Posture
Possession Proceedings (summary Order) / Application for Summary Possession Order Under Part 55 CPR
Outcome
Summary possession order granted to the University.
Legal Topics
Summary Possession, Trespass, Freedom of Speech, Freedom of Assembly, University Policies, Human Rights Act 1998, European Convention on Human Rights, Section 43 Education (no.2) Act 1986, Higher Education (freedom of Speech) Act 2023
Property Law Human Rights Law Public Law Education Law Summary Possession Trespass Freedom of Speech Freedom of Assembly +5 more

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Parties

University of Nottingham

Claimant

Mx Joel Butterworth (also known as River Butterworth)

First Defendant

Persons Unknown

Defendants

Procedural Posture

Possession Proceedings (summary Order) / Application for Summary Possession Order Under Part 55 CPR

Legal Issues

  1. 1 Whether the University is entitled to a summary possession order against the defendants for trespass
  2. 2 Whether the University's actions breached its own policies or statutory duties (public law defence)
  3. 3 Whether the University's actions breached the defendants' rights under Articles 10 and 11 ECHR (human rights defence)

Ratio Decidendi

The University is entitled to a summary possession order because the defendants are trespassers with no right to occupy the land, there is no real prospect of a successful defence based on public law or human rights grounds, and no other compelling reason for trial exists. The University's actions were lawful, proportionate, and compatible with Convention rights.

Court Disposition

Summary possession order granted to the University.

Orders

  • Possession order in respect of the whole of the Jubilee Campus against Mx Butterworth and persons unknown.