Injunctions and eviction
Protest is often met by claims to evict people from land and injunctions to prevent further protest or to limit the extent of protest.
Possession orders and injunctions can stifle protest and you need to be quick to respond.
Proceedings can be swift with hearings arranged within days of proceedings being issued.
Bindmans Public Law and Human Rights team is familiar with such claims and advises of:
- trespass claims
- injunctions and their scope.
Defences to trespass claims can be fairly limited but at times may be substantial. For example, when dealing with protest on Parliament’s doorstep in Hall, Haw and others v Mayor of London [2010] EWCA Civ 817 Court of Appeal.
We acted in defending activists against the Mayor of London’s claim for possession of Parliament Square after they had set up ‘Democracy Village’ on the Square’s garden. These unconventional proceedings reached the Court of Appeal within 7 weeks of issue. The defence successfully established that the court and not the Mayor must strike the balance with Article 10 (freedom of expression) and Article 11 (peaceful assembly) when considering whether possession was a proportionate remedy.
Protest is not unlawful. But injunctions can lead to significant restrictions and even completely prevent protest. In exceptional cases breach of an injunction can lead to enforcement by way of an application to imprison. Bindmans Public Law and Human Rights team is familiar with injunction claims and advises of tactics and tips to defend these or at least limit the scope of any order.
The granting of an injunction is a discretionary matter and the court must carefully consider the Human Rights implications particularly Article 10 (freedom of expression) and Article 11 (peaceful assembly).
Key points:
- It is important to act quickly. Claims for possession or an interim injunction may be made on just a few days notice. In some cases no notice is given and it may be necessary to apply to court to remove or vary an order. Contact Bindmans Public Law and Human Rights team.
- Orders are usually sought against ‘persons unknown’. If you defend a claim and provide your name you risk being personally liable for costs.
- It may not be possible to avoid the granting of an injunction but the extent and scope of an injunction should be weighed carefully by the court having regard to fundamental rights of freedom of expression and peaceful assembly.
Eviction Cases