Best, R (On the Application Of) v The Secretary of State for Justice (Rev 1) [2015] EWCA Civ 17 The Court of Appeal considered the clash of s.144 LASPO and the rules on adverse possession, on appeal from the Administrative Court. Our report on the Admin...
Adverse possession through criminal trespass
Way back when s.144 LASPO 2012 was first proposed, I noted that one of the unaddressed questions (indeed a question that nobody even thought to consider) was how what because s.144 would interact with statute and case law on adverse possession. Now we have...
Fiddler under the roof
Yeung v Potel & Anor [2014] EWCA Civ 481 A Court of Appeal case on the problems with the edges of demises and reserved rights of access, involving, in this case, a land grab above a ceiling and a demand to access the flat above. Flats 3 and 4 were part...
Trespass and aggravation.
One of the oddest (and probably most expensive) trespass cases we have reported (see here for the first Court of Appeal report) has ended up back in the Court of Appeal yet again. Eaton Mansions (Westminster) Ltd v Stinger Compania De Inversion S.A. [2013]...
Of Superglue and Residence
A prosecution under s.144 LASPO that came unstuck* R v D Duputell 31 October 2013 Hove Trial Centre [Newspaper report] This was the retrial of Mr Duputell after his earlier trial on charges of breach of s.144 LASPO together with two other co-defendants...
Haigh, Squatting is Now Illegal
The Evening Standard is reporting the sentencing of the first person under the new anti-squatting provisions in the LASPO Act. Alex Haigh received 12 weeks in prison. Unfortunately Mr Haigh appeared to be unaware that squatting was now an offence and...
The cost of criminalising trespass
The Government's proposal to criminalise trespass to residential property, contained in LASPO at clause 136, is due to be considered at report stage in the House of Lords tomorrow (Tuesday 20 March). The Government's estimate of additional costs arising from...
Forward to the 18th Century!
The Coalition's proposed legislation this week has a marvellously retro feel to it. Sniff the air. Through the whiff of horse dung and open sewers, you can tell we are back in the days of Queen Anne and not solely because the lawfulness of the catholicity of...
Pass me down the wine
The number of letters published in The Guardian on the topic of the law on squatting has now reached two and can therefore be fairly described as an “exchange”.We have already noted Mike Weatherley MP’s letter to The Guardian and I urge you all to read that...
Squatting- A Reply to Mike Weatherley MP
The debate on squatting has become highly polarised and increasingly bad tempered. Mr Weatherley's salvo is merely the latest in a range of unhelpful comments that make for good newspaper sales but achieve little. It falls to me to open the NL team's reply....
Well he would, wouldn’t he?
The mass letter on misrepresentation of trespass will be going out this morning (Monday 26 Sept). The letter will be sent to all the major newspapers, and BBC and ITN news, probably before you read this. The Guardian has what I think is a good article on the...
Trespasser on the roof
Eaton Mansions (Westminster) Ltd v Stinger Compania De Inversion SA [2011] EWCA Civ 607 We're a bit late with this one, sorry. There was a bit of a debate about whether it was an NL case or not, but I found it interesting and it concerns residential leases,...