RGCM Ltd v Lockwood & Ors

RGCM Ltd v Lockwood & Ors

Summary judgment is appropriate as there is no real prospect of defending the trespass claim and no compelling reason for trial. The requirements for a quia timet injunction are satisfied due to imminent danger and inadequacy of damages. The form of the order excludes those with lawful authority, addressing concerns about public authorities.

Parties
Claimant: RGCM Limited; Defendant: Adam Lockwood; Defendant: Persons Unknown entering or remaining without the consent of the Claimant or any other lawful authority on the land and buildings known as Symons House, Belgrave Street, Leeds LS2 8DD; Defendant: Persons Unknown entering or remaining without the consent of the Claimant or any other lawful authority on the land and buildings known as Podium Buildings, Merrion Way, Leeds LS2 8PD; Defendant: Persons Unknown entering or remaining without the consent of the Claimant or any other lawful authority on the land and buildings known as Hume House, Tower House Street, Leeds LS2 8NT
Jurisdiction
England and Wales
Judgment Date
23 July 2019
Procedural Posture
Civil / Summary Judgment
Outcome
summary judgment granted for claimant; final injunction issued
Legal Topics
Trespass, Injunction, Summary Judgment, Persons Unknown
Property Law Civil Procedure Trespass Injunction Summary Judgment Persons Unknown

Case Brief

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Parties

RGCM Limited

Claimant

Adam Lockwood

Defendant

Persons Unknown entering or remaining without the consent of the Claimant or any other lawful authority on the land and buildings known as Symons House, Belgrave Street, Leeds LS2 8DD

Defendant

Persons Unknown entering or remaining without the consent of the Claimant or any other lawful authority on the land and buildings known as Podium Buildings, Merrion Way, Leeds LS2 8PD

Defendant

Persons Unknown entering or remaining without the consent of the Claimant or any other lawful authority on the land and buildings known as Hume House, Tower House Street, Leeds LS2 8NT

Defendant

Procedural Posture

Civil / Summary Judgment

Legal Issues

  1. 1 Whether summary judgment should be granted against the defendants for trespass
  2. 2 Whether a final injunction should be issued prohibiting entry to the sites without consent
  3. 3 Whether the requirements for a quia timet injunction are met

Ratio Decidendi

Summary judgment is appropriate as there is no real prospect of defending the trespass claim and no compelling reason for trial. The requirements for a quia timet injunction are satisfied due to imminent danger and inadequacy of damages. The form of the order excludes those with lawful authority, addressing concerns about public authorities.

Court Disposition

summary judgment granted for claimant; final injunction issued

Orders

  • Defendants prohibited from entering or attempting to enter Symons House, Belgrave Street, LS2 8DD until 30 November 2019 or earlier if possession given up
  • Defendants prohibited from entering or attempting to enter Podium Buildings, Merrion Way, LS2 8PD until 30 November 2020 or earlier if possession given up