Wensley & Ors v Persons Unknown & Ors

Registered proprietors are entitled to possession and interim injunctive relief against trespassers; damages are inadequate due to identification and enforcement difficulties; interim injunction is justified pending full hearing.

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 Orders Granted; Adjourned for Further Evidence
Outcome: Possession order granted; interim injunction issued; declaration of entitlement to possession; case management directions; adjourned for further evidence
Legal Topics: Trespass, Possession, Interim Injunctions, Declaratory Relief, Anti Fracking Protests

Property Law Civil Procedure Trespass Possession Interim Injunctions Declaratory Relief Anti Fracking Protests

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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 Orders Granted; Adjourned for Further Evidence

Legal Issues

1 Entitlement to possession of land
2 Scope and propriety of injunctive relief
3 Adequacy of damages as remedy

Ratio Decidendi

Court Disposition

Possession order granted; interim injunction issued; declaration of entitlement to possession; case management directions; adjourned for further evidence

Orders

Possession order for land under title LAN679804
Interim injunction forbidding entry, obstruction, or interference with claimants' land in connection with anti-fracking or similar protests