London Borough of Lambeth v Grant & Ors (trespass - statutory common land - possession - judicial independence) [2021] EWHC 1857 (QB) (05 July 2021)

London Borough of Lambeth v Grant & Ors (trespass - statutory common land - possession - judicial independence) [2021] EWHC 1857 (QB) (05 July 2021)

The case was adjourned to allow the Defendants to file formal witness statements, as a summary hearing without such evidence would not satisfy the fact-specific proportionality assessment required by Ziegler and Article 6 ECHR. No final decision on possession or eviction was made at this stage.

Citation
[2021] EWHC 1857
Parties
Claimant: The London Borough of Lambeth; First Defendant: Caul Grant; Second Defendant: Kaylee; Third Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
05 July 2021
Procedural Posture
Possession Claim (trespass) / Interlocutory; Adjournment for Further Evidence
Outcome
Case adjourned for further evidence; no final order for possession or eviction at this stage.
Legal Topics
Trespass, Possession Proceedings, Statutory Common Land, Article 6 ECHR, Article 7 ECHR, Article 10 ECHR, Article 11 ECHR, Judicial Independence, Protest Rights
Civil Procedure Human Rights Property Law Trespass Possession Proceedings Statutory Common Land Article 6 ECHR Article 7 ECHR +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

The London Borough of Lambeth

Claimant

Caul Grant

First Defendant

Kaylee

Second Defendant

Persons Unknown

Third Defendant

Procedural Posture

Possession Claim (trespass) / Interlocutory; Adjournment for Further Evidence

Legal Issues

  1. 1 Whether the Defendants' occupation of Clapham Common constitutes trespass after exceeding permitted use
  2. 2 Whether eviction would be a lawful and proportionate interference with Article 10 and 11 ECHR rights
  3. 3 Whether the court's procedure to date satisfies Article 6 ECHR (fair hearing) requirements

Ratio Decidendi

The case was adjourned to allow the Defendants to file formal witness statements, as a summary hearing without such evidence would not satisfy the fact-specific proportionality assessment required by Ziegler and Article 6 ECHR. No final decision on possession or eviction was made at this stage.

Court Disposition

Case adjourned for further evidence; no final order for possession or eviction at this stage.

Orders

  • Defendants to file formal witness statements addressing both their rights and proposals to address Claimant's concerns about land use.
  • Timetable set for exchange of evidence before resumed hearing.