Fitzwilliam Land Company & Ors v Cheesman & Ors

Fitzwilliam Land Company & Ors v Cheesman & Ors

The court found it more likely than not that certain named Defendants and persons unknown had trespassed and would continue to trespass on the Claimants' land. There was no sufficient defence of necessity or justification based on alleged illegality of the Claimants' activities. The balance of convenience, including...

Source-derived case information.

Parties
Claimant: Fitzwilliam Land Company; Claimant: Milton (Peterborough) Estates Company; Claimant: Sir Philip Vyvian Naylor-Leyland BT; Claimant: Highwoods Farms Limited; Defendant: Gareth Cheesman; Defendant: Lisa Jackson; Defendant: Paul Benton; Defendant: Steven Milton; Defendant: Phil Garrard; Defendant: Phil Joseph Walters; Defendant: Paula Lamont; Defendant: David Blenkinsopp; Defendant: Matthew Spencer; Defendant: Clive Richardson; Defendant: Mickey Bryce; Defendant: Ruth Nicholls; Defendant: Jennifer Alfreton; Defendant: Emily Hepburn; Defendant: Persons Unknown entering or remaining without the consent of the Claimant(s) on the land identified in the Second Schedule to the brief details of claim and not subject to public rights of way with a view to protesting against the Fitzwilliam (Milton) Hunt or otherwise obstructing the Hunt
Jurisdiction
England and Wales
Judgment Date
16 November 2018
Procedural Posture
Civil / Interim Application for Injunction
Outcome
Interim injunction granted in part
Legal Topics
Trespass to Land, Quia Timet Injunction, Protest Law, Balance of Convenience, Freedom of Expression, Freedom of Assembly, Necessity Defence, Hunting Act 2004
Property Law Civil Procedure Human Rights Trespass to Land Quia Timet Injunction Protest Law Balance of Convenience Freedom of Expression +3 more

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Parties

Fitzwilliam Land Company

Claimant

Milton (Peterborough) Estates Company

Claimant

Sir Philip Vyvian Naylor-Leyland BT

Claimant

Highwoods Farms Limited

Claimant

Gareth Cheesman

Defendant

Lisa Jackson

Defendant

Paul Benton

Defendant

Steven Milton

Defendant

Phil Garrard

Defendant

Phil Joseph Walters

Defendant

Paula Lamont

Defendant

David Blenkinsopp

Defendant

Matthew Spencer

Defendant

Clive Richardson

Defendant

Mickey Bryce

Defendant

Ruth Nicholls

Defendant

Jennifer Alfreton

Defendant

Emily Hepburn

Defendant

Persons Unknown entering or remaining without the consent of the Claimant(s) on the land identified in the Second Schedule to the brief details of claim and not subject to public rights of way with a view to protesting against the Fitzwilliam (Milton) Hunt or otherwise obstructing the Hunt

Defendant

Procedural Posture

Civil / Interim Application for Injunction

Legal Issues

  1. 1 Whether interim injunctive relief should be granted to restrain trespass to land by named and unknown protestors
  2. 2 Whether the threshold for quia timet injunction is met
  3. 3 Whether the balance of convenience favours granting the injunction

Ratio Decidendi

The court found it more likely than not that certain named Defendants and persons unknown had trespassed and would continue to trespass on the Claimants' land. There was no sufficient defence of necessity or justification based on alleged illegality of the Claimants' activities. The balance of convenience, including property rights and public order concerns, weighed heavily in favour of granting an interim injunction restraining trespass to land, but not to animals or goods. The injunction is to last until trial or further order, with directions for a speedy trial.

Court Disposition

Interim injunction granted in part

Orders

  • Interim injunction restraining D1, D2, D4, D6, D7, D11, D14 and persons unknown from trespassing on the Claimants’ land until trial or further order
  • No injunction granted at this stage in respect of trespass to animals and chattels not covered by the injunction about trespass to land