Tag Archive for 'prospective possession'

No admittance

By NL on 20/02/2011. 1 Comment

Sharon Horie v the United Kingdom – 31845/10 [2011] ECHR 289

Back at the end of 2009 we reported the Supreme Court case of Secretary of State for Environment, Food and Rural Affairs v Meier and another, which upheld the use of a quia timet injunction – a prospective possession order – against a group of new travellers, preventing them from occupying any land owned by the Forestry Commission in the area.

Sharon Horie, one of the new travellers, applied to the European Court of Human Rights. This is the decision on the admissibility of the application.

The application was on the basis that:

20. The applicant complained

… Read the full post

Posted in FLW case note, Housing law - All, Licences and occupiers and Possession. Tags: , , , , , .

Something for the weekend

By J on 13/02/2009. 0 Comments

The House of Lords will be giving judgment in Glasgow CC v Mitchell on Wednesday 18 Feb 09 (link is to a .pdf). This is a case that we’ve missed so far but, in essence, is about the scope of the duty of care (if any) owed by a landlord to their tenants in respect of liability for the anti-social acts of another tenant. In outline, it is said that Mr Mitchell complained to Glasgow CC about his neighbour. He told Glasgow not to let his neighbour know about the complaint. Glasgow then interviewed the neighbour and told him about the complaint, naming Mr Mitchell. The neighbour then killed Mr … Read the full post

Posted in ASB, Community care, Housing law - All and Possession. Tags: , , , , , .

Pre-emptive possession orders

By NL on 26/08/2008. 4 Comments

Secretary of State for the Environment Food & Rural Affairs v Meier & Ors [2008] EWCA Civ 903 was a case concerning travellers encamped on Forestry Commission land. Some of the travellers had previously camped on a nearby patch of Forestry Commission land until a possession order was obtained. The Forestry Commission (or rather the Sec of State, the owner of the land) applied for:

  1. A possession order in respect of the patch of land occupied.
  2. A possession order for other nearby areas of Forestry Commission land that the travellers might move to.
  3. An injunction preventing the travellers from entering upon the land they currently occupied and the other nearby

    4. … Read the full post

Posted in FLW case note, Housing law - All, Licences and occupiers and Possession. Tags: , , , , .
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