Dutton & 3 Ors v Persons Unknown & Ors

Dutton & 3 Ors v Persons Unknown & Ors

The claimants have established title and procedural compliance; no genuine or substantial defence exists as the defendants are trespassers, no valid licence was granted or binding, and human rights arguments do not override property rights in this context.

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 / First Hearing, Judgment
Outcome
Claim for possession allowed
Legal Topics
Possession of Land, Trespass, Contractual Licence, Protection From Eviction Act, European Convention on Human Rights, Children's Rights, Freedom of Expression, Freedom of Assembly
Property Law Human Rights Law Civil Procedure Possession of Land Trespass Contractual Licence Protection From Eviction Act European Convention on Human Rights +3 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 / First Hearing, Judgment

Legal Issues

  1. 1 Whether the defendants are trespassers or licensees
  2. 2 Whether any licence to occupy was granted and validly terminated
  3. 3 Whether the Protection from Eviction Act 1977 applies

Ratio Decidendi

The claimants have established title and procedural compliance; no genuine or substantial defence exists as the defendants are trespassers, no valid licence was granted or binding, and human rights arguments do not override property rights in this context.

Court Disposition

Claim for possession allowed

Orders

  • Possession order granted, enforceable after 28 days from judgment date