Wensley & Ors v Persons Unknown & Ors [2014] EWHC 3086 (Ch) (28 August 2014)

Wensley & Ors v Persons Unknown & Ors [2014] EWHC 3086 (Ch) (28 August 2014)

Claimants, as registered proprietors, are entitled to possession of the land and to interim injunctive relief against trespass and interference pending the return date. Damages are not an adequate remedy due to enforcement and quantification difficulties. Injunctions must be limited to prevent disproportionate interference with Convention rights.

Citation
[2014] EWHC 3086 (Ch)
Parties
Claimant: Mr Thomas Andrew Wensley and 11 others; Defendant: Persons Unknown and Others; Third Defendant: Ms Tina Rothery
Jurisdiction
England and Wales
Judgment Date
28 August 2014
Procedural Posture
Possession Claim / First Hearing; Interim Relief and Case Management Directions
Outcome
Interim possession order and injunction granted; case adjourned for further hearing with directions for evidence.
Legal Topics
Possession Proceedings, Trespass, Interim Injunctions, Declaratory Relief, Anti Fracking Protests
Property Law Civil Procedure Possession Proceedings Trespass Interim Injunctions Declaratory Relief Anti Fracking Protests

Case Brief

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Parties

Mr Thomas Andrew Wensley and 11 others

Claimant

Persons Unknown and Others

Defendant

Ms Tina Rothery

Third Defendant

Procedural Posture

Possession Claim / First Hearing; Interim Relief and Case Management Directions

Legal Issues

  1. 1 Whether claimants are entitled to possession of the land occupied by protestors
  2. 2 Whether interim injunctive relief should be granted against further trespass or interference
  3. 3 Scope and propriety of injunctions against persons unknown in protest situations

Ratio Decidendi

Claimants, as registered proprietors, are entitled to possession of the land and to interim injunctive relief against trespass and interference pending the return date. Damages are not an adequate remedy due to enforcement and quantification difficulties. Injunctions must be limited to prevent disproportionate interference with Convention rights.

Court Disposition

Interim possession order and injunction granted; case adjourned for further hearing with directions for evidence.

Orders

  • Possession order in favour of first and second claimants for land under title LAN679804
  • Interim injunction restraining entry, remaining, obstruction, or interference on claimants' land in connection with anti-fracking or similar protests