England and Wales Case Law

Adam Lillystone v Bradgate Education Partnership

The Respondent owed no duty to the Appellant under the Occupiers Liability Act 1957 because the risks of climbing the gate were obvious and willingly accepted, and the danger was not due to the state of the premises but the act of climbing. Alternatively, the Appellant was a trespasser when climbing the gate and no duty was owed under the 1984 Act as the Respondent had no knowledge of the burr and could not reasonably be expected to protect against the risk. Even if a duty was owed, the Respondent had adequate measures for ball retrieval. The cause of injury was the Appellant's own choice to…

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• Occupiers liability act 1957
• Occupiers liability act 1984
• Negligence
• Duty of care
• Risk assessment
• Trespass

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Harbrinder Singh Khosa & Ors v Manmatharayan Ganesaryan & Anor

The court held that a transfer of a ground-floor slice did not include airspace above a rear extension, so rooftop units were trespasses; damages and a suspended injunction followed.

• Flying freehold
• Trespass
• Injunction
• Damages in lieu
• Construction of transfer
• Suspension of injunction

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Khosa & Anor v Ganesarayan & Anor

Khosa & Anor v Ganesarayan & Anor [2026] EWHC 662 (Ch) (20 March 2026)

The High Court held a transfer excluded airspace above an extension, so rooftop units were trespass. It ordered damages, and granted a suspended injunction.

• Trespass
• Flying freehold
• Injunctions
• Damages in lieu of injunction
• Construction of property transfer
• Suspended injunctions

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Rubis Bahamas Ltd v Lillian Antoinette Russell (The Bahamas)

The Privy Council held Rubis could be liable under Rylands v Fletcher for contamination from a 2012 fuel leak, but remitted the case for factual findings on migration and damages.

• Rylands v fletcher
• Strict liability
• Nuisance
• Negligence
• Trespass
• Environmental contamination

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Natalie Barstow & Ors, R (on the application of) v Green Generation Energy Networks Cymru Limited

Permission for judicial review is granted on grounds relating to the defendant's alleged failure to comply with statutory environmental obligations and the generic nature of notices, as these raise arguable issues of public law and policy, but not on grounds requiring examination of individual instances of entry or data possession, which are private law matters or unarguable.

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• Judicial review
• Statutory powers
• Trespass
• Biodiversity obligations
• Public authority status

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Cardiff University v Persons Unknown

The University has demonstrated a compelling need for protection of its property rights against repeated unlawful protest, trespass, and nuisance by persons unknown. The injunction is justified and proportionate under Articles 10 and 11 ECHR, given the availability of lawful protest mechanisms, the presumption in favour of consent under the Code, and the liberty to apply to vary or discharge. The terms, geographic scope (excluding the Music Building), and temporal limit (until 31 July 2026) are appropriate, and notification requirements have been satisfied.

Source excerpt

• Injunctions against persons unknown
• Trespass
• Private nuisance
• Protest law
• Echr articles 10 and 11
• University property rights

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Valero Energy Ltd & Ors v Persons Unknown & Ors

Valero Energy Ltd & Ors v Persons Unknown & Ors [2026] EWHC 397 (KB) (23 February 2026)

The High Court kept Valero’s final injunction in force after its second annual review, finding no material change in risk from protest-related trespass or disruption.

• Injunctions
• Trespass
• Nuisance
• Quia timet relief
• Protest law
• Service by alternative means

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Valero Energy Limited & Ors v Persons Unknown & Ors

The High Court continued Valero’s final injunction against named and unknown environmental protesters, finding no material change since the last review and that the risk remained.

• Injunctions
• Persons unknown
• Environmental protests
• Trespass
• Nuisance
• Review hearings

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Birmingham City Council v Persons Unknown (Re Protests in Support of the Bin Workers' Strike)

Birmingham City Council v Persons Unknown (Re Protests in Support of the Bin Workers' Strike) [2026] EWHC 373 (KB) (20 February 2026)

The High Court authorised alternative service on unknown protesters and granted Birmingham City Council a limited interim injunction against trespass and obstruction at waste depots and on city roads.

• Service of proceedings on persons unknown
• Alternative service
• Interim injunctions
• Trespass
• Private nuisance
• Public nuisance

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Birmingham City Council v Persons Unknown

The High Court granted Birmingham City Council interim injunctive relief against unknown protesters blocking depots and waste vehicles, and allowed alternative service.

• Service of process
• Injunctions
• Protest law
• Trespass
• Nuisance
• Public nuisance

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