Dutton & 3 Ors v Persons Unknown & Ors [2015] EWHC 3988 (Ch) (06 November 2015)

Dutton & 3 Ors v Persons Unknown & Ors [2015] EWHC 3988 (Ch) (06 November 2015)

The claimants have established title and all procedural requirements for possession. There was no express or contractual licence granted to the defendants; mere tolerance does not amount to a licence. Any purported licence was effectively terminated by notice. Article 8 ECHR is not engaged in claims over private land, and even if it were, no exceptional circumstances exist to override the claimants' property rights. The best interests of children do not provide a substantial defence on the evidence. Articles 10 and 11 ECHR do not justify continued occupation to the detriment of property rights. Possession is granted with a 28-day delay for enforcement.

Citation
[2015] EWHC 3988 (Ch)
Parties
Claimant: Timothy William Dutton; Claimant: Piers Verling John Dutton; Claimant: Dart Energy (West England) Limited; Claimant: IGas Energy PLC; Defendant: Persons Unknown; Defendant: Phillip Whyte; Defendant: Simon Stafford Smith
Jurisdiction
England and Wales
Judgment Date
06 November 2015
Procedural Posture
Possession Claim (land) / First Hearing, Application for Possession Order
Outcome
Possession order granted to claimants, enforceable after 28 days from judgment
Legal Topics
Possession of Land, Trespass, Contractual Licence, Human Rights Act 1998, European Convention on Human Rights (articles 8, 10, 11, Protocol 1), Protection From Eviction Act 1977
Property Law Human Rights Law Civil Procedure Possession of Land Trespass Contractual Licence Human Rights Act 1998 European Convention on Human Rights (articles 8, 10, 11, Protocol 1) +1 more

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Parties

Timothy William Dutton

Claimant

Piers Verling John Dutton

Claimant

Dart Energy (West England) Limited

Claimant

IGas Energy PLC

Claimant

Persons Unknown

Defendant

Phillip Whyte

Defendant

Simon Stafford Smith

Defendant

Procedural Posture

Possession Claim (land) / First Hearing, Application for Possession Order

Legal Issues

  1. 1 Whether the defendants are trespassers or have a licence to occupy the land
  2. 2 Whether any licence was validly terminated
  3. 3 Whether the Protection from Eviction Act 1977 applies

Ratio Decidendi

The claimants have established title and all procedural requirements for possession. There was no express or contractual licence granted to the defendants; mere tolerance does not amount to a licence. Any purported licence was effectively terminated by notice. Article 8 ECHR is not engaged in claims over private land, and even if it were, no exceptional circumstances exist to override the claimants' property rights. The best interests of children do not provide a substantial defence on the evidence. Articles 10 and 11 ECHR do not justify continued occupation to the detriment of property rights. Possession is granted with a 28-day delay for enforcement.

Court Disposition

Possession order granted to claimants, enforceable after 28 days from judgment

Orders

  • Possession order in favour of claimants, enforceable after 28 days (from 6 November 2015)
  • Defendants to vacate land by 4 December 2015