Sun Street Property Ltd v Persons Unknown [2011] EWHC 3432 (Ch) (07 December 2011)

Sun Street Property Ltd v Persons Unknown [2011] EWHC 3432 (Ch) (07 December 2011)

The interim injunction was properly granted to prevent further entry and for safety reasons; the possession order, despite defective notice, should not be set aside as the applicants had no substantial defence and ECHR rights do not override property rights in these circumstances.

Citation
[2011] EWHC 3432 (Ch)
Parties
Claimant/respondent: Sun Street Property Limited; Defendants/applicants: Persons Unknown; Defendant/applicant: Second Defendant/Applicant
Jurisdiction
England and Wales
Judgment Date
07 December 2011
Procedural Posture
Possession and Injunction Proceedings / Application to Discharge Injunction and Set Aside Possession Order
Outcome
applications dismissed
Legal Topics
Interim Injunctions, Possession Orders, Trespass, Service of Process, European Convention on Human Rights, Freedom of Expression, Freedom of Assembly
Property Law Civil Procedure Human Rights Interim Injunctions Possession Orders Trespass Service of Process European Convention on Human Rights +2 more

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Parties

Sun Street Property Limited

Claimant/respondent

Persons Unknown

Defendants/applicants

Second Defendant/Applicant

Defendant/applicant

Procedural Posture

Possession and Injunction Proceedings / Application to Discharge Injunction and Set Aside Possession Order

Legal Issues

  1. 1 Whether the interim injunction restraining trespass should be discharged
  2. 2 Whether the possession order should be set aside due to inadequate notice
  3. 3 Whether Articles 10 and 11 ECHR override property rights in this context

Ratio Decidendi

The interim injunction was properly granted to prevent further entry and for safety reasons; the possession order, despite defective notice, should not be set aside as the applicants had no substantial defence and ECHR rights do not override property rights in these circumstances.

Court Disposition

applications dismissed

Orders

  • application to discharge the injunction dismissed
  • application to set aside the possession order dismissed