Squatters and other Trespass

Overview

Barristers at Landmark frequently appear in the High Court and County Court dealing with the full breadth of proceedings involving trespassers, including unlawful encampments, squatters, protestors, urban explorers and all other types of unlawful occupiers.

Barristers at landmark act for a whole range of clients in this area, including major private developers and landowners, major infrastructure providers, government agencies, local government and universities.

Trespasser claims frequently require swift action by the parties involved to recover possession of land as soon as possible. They also require understanding of the complex procedural and legal issues that arise, particularly in cases brought against ‘persons unknown’. Barristers at Landmark frequently act in these matters and are experienced in achieving swift result for clients within tight timeframes.

In recent years Landmark has developed a particular specialism acting in cases involving trespass claims against so-called ‘urban explorers’. These claims often involve injunctions against named individuals and categories of persons unknown who try to gain access to iconic buildings and structures for the purposes of gaining notoriety on social media.

Landmark is one of the leading sets of chambers that deals with trespassers claims.

Examples of some of the high-profile cases involving Landmark barristers include:

• Various injunction claims and committal proceeding arising from urban explorers trespassing at iconic buildings including:

• The Stamford Bridge football stadium - Chelsea FC Plc v Brewer [2018] EWHC 1424 (Ch)
• The O2 Arena - Ansco Arena Ltd v Law [2019] EWHC 835 (QB))
• Various construction sites (including Multiplex Construction Europe Ltd v Persons Unknown [2021] EWHC 3832 (KB))
• Various buildings on the Canary Wharf Estate  - Canary Wharf Investments Ltd v Farrell [2018] EWHC 3418 (QB).

• Various litigation, including injunction claims and committal proceedings involving environmental protestors:

• Cases involving protests to block the national highways - National Highways Ltd v Heyatawin [2021] EWHC 3078 (QB); National Highways Ltd v Buse [2021] EWHC 3404 (QB)
• Protests against oil companies - Shell UK Ltd v Persons Unknown [2023] EWHC 1229 (KB); Esso Petroleum Co Ltd v Breen [2022] EWCA Civ 1405)
• Anti-fracking protests - Dutton v Persons Unknown [2015] EWHC 3988 (Ch)
• Protests relating to a tree-felling program in Sheffield - Sheffield City Council v Fairhall [2017] EWHC 2121 (QB)
• Proceedings to prevent squatters occupying railway arches that posed a risk to the safety of the railway infrastructure due to dangerous activity involving fires, water and electricity: Arch Co Properties Ltd v Persons Unknown [2019] EWHC 2298 (QB)
• Proceedings to prevent protests in Parliament Square - Mayor of London v Hall [2010] EWCA Civ 817; [2011] 1 W.L.R. 504.