The University of Birmingham v Persons Unknown & Anor

The University of Birmingham v Persons Unknown & Anor

Possession order granted for Chancellor’s Court (CC) against all persons unknown (including students) due to evidence of criminal activity and intimidation; possession order granted for Edgbaston campus against all non-students and non-staff; no possession order granted for Green Heart (GH) against students pending adjourned hearing, as students have arguable defences under Human Rights Act and Education Acts; University failed to show sufficient efforts to identify students or balance statutory duties with property rights; scope of orders limited to evidence of occupation and risk.

Parties
Claimant: The University of Birmingham; Defendant: Persons Unknown; Defendant: Mariyah Ali
Jurisdiction
England and Wales
Judgment Date
20 June 2024
Procedural Posture
Possession Proceedings Against Trespassers (cpr Part 55) / Interlocutory Judgment on Urgent Application for Possession and Adjournment
Outcome
Partial possession orders granted; application otherwise adjourned.
Legal Topics
Possession of Land, Trespass, Freedom of Speech, Freedom of Assembly, University Statutory Duties, Student Protest Rights
Property Law Human Rights Law Education Law Civil Procedure Possession of Land Trespass Freedom of Speech Freedom of Assembly +2 more

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Parties

The University of Birmingham

Claimant

Persons Unknown

Defendant

Mariyah Ali

Defendant

Procedural Posture

Possession Proceedings Against Trespassers (cpr Part 55) / Interlocutory Judgment on Urgent Application for Possession and Adjournment

Legal Issues

  1. 1 Whether the University is entitled to possession orders against protest camps on its land under CPR Part 55
  2. 2 Whether students have a licence to occupy University land for protest under contract, University regulations, and statutory duties
  3. 3 Whether the University's actions comply with duties under the Human Rights Act 1998, Education Act 1986, and Higher Education (Freedom of Speech) Act 2023

Ratio Decidendi

Possession order granted for Chancellor’s Court (CC) against all persons unknown (including students) due to evidence of criminal activity and intimidation; possession order granted for Edgbaston campus against all non-students and non-staff; no possession order granted for Green Heart (GH) against students pending adjourned hearing, as students have arguable defences under Human Rights Act and Education Acts; University failed to show sufficient efforts to identify students or balance statutory duties with property rights; scope of orders limited to evidence of occupation and risk.

Court Disposition

Partial possession orders granted; application otherwise adjourned.

Orders

  • Possession of Chancellor’s Court (CC) granted against all persons unknown (including students and staff).
  • Possession of Edgbaston campus granted against all persons unknown who are non-students and non-staff.