The London Borough of Richmond on Thames v Alistair Trotman

The London Borough of Richmond on Thames v Alistair Trotman

The defendant's vessel is physically attached to the claimant's land in breach of lawful byelaws, constituting trespass; damages are inadequate and the balance of convenience favours granting an interim injunction.

Source-derived case information.

Parties
Claimant: The London Borough of Richmond on Thames; Defendant: Alistair Trotman
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil / Interim Injunction Application
Outcome
interim injunction granted
Legal Topics
Trespass, Nuisance, Injunctions, Byelaws, Public Rights of Way
Property Law Local Government Law Trespass Nuisance Injunctions Byelaws Public Rights of Way

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Parties

The London Borough of Richmond on Thames

Claimant

Alistair Trotman

Defendant

Procedural Posture

Civil / Interim Injunction Application

Legal Issues

  1. 1 Whether the defendant's vessel is moored on claimant's land in contravention of byelaws
  2. 2 Whether the claimant is entitled to an interim injunction for trespass
  3. 3 Whether damages would be an adequate remedy

Ratio Decidendi

The defendant's vessel is physically attached to the claimant's land in breach of lawful byelaws, constituting trespass; damages are inadequate and the balance of convenience favours granting an interim injunction.

Court Disposition

interim injunction granted

Orders

  • The defendant must remove the vessel KUPE from the claimant's land.
  • The defendant is prohibited from mooring KUPE or any other vessel on the claimant's land.