City of London v Samede and Others: QBD 18 Jan 2012

The claimant sought an order for possession of land outside St Paul’s cathedral occupied by the protestor defendants, consisting of ‘a large number of tents, between 150 and 200 at the time of the hearing, many of them used by protestors, either regularly or from time to time, as overnight accommodation, and several larger tents used for other activities and services including the holding of meetings and the providing other facilities. The size and extent of the camp varied over time. Shortly before the hearing its footprint receded in some places. At an earlier stage some adjustments had been made to it in an effort to keep fire lanes open.’ The court was asked as to the claimant’s rights to the land, whether orders should be made, and if so whether orders would be a proportionate necessary and lawful interferebce in the defendant’s rights.
Held: The Order was granted. Part of the land occupied was a public highway, and the claimant had a power to keep it open. The right to obstruct a highway did not extend to a right to a long term bstruction.
Lindblom J
[2012] EWHC 34 (QB)
European Convention on Human Rights 9 10 11, Highways Act 1980 130, Public Health Act 1936 269, Human Rights Act 1998 13
England and Wales

  • Cited – Zana v Turkey ECHR 25-Nov-1997
    Turkey – prison sentence imposed by Diyarbakir National Security Court on account of a statement to journalists (Articles 168 and 312 of the Criminal Code) – accused unable to appear at hearing in that court (Article 226 – 4 of the Code of Criminal . .
    18954/91, [1997] ECHR 94, [2011] ECHR 2394
  • Cited – Harrison v Duke of Rutland CA 8-Dec-1893
    H used a public highway crossing the defendant’s land, to disrupt grouse-shooting upon the defendant’s land. He complained after he had been forcibly restrained by the defendant’s servants from doing so. The defendant justified his actions saying . .
    [1893] 1 QB 142, (1893) The Times LR 115, [1892] UKLawRpKQB 217
  • Cited – Handyside v The United Kingdom ECHR 7-Dec-1976
    The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to . .
    5493/72, (1976) 1 EHRR 737, [1976] ECHR 5
  • Cited – Hall and Others v Mayor of London (on Behalf of The Greater London Authority) CA 16-Jul-2010
    The appellants sought leave to appeal against an order for possession of Parliament Square on which the claimants had been conducting a demonstration (‘the Democracy Village’).
    Held: Leave was refused save for two appellants whose cases were . .
    [2010] EWCA Civ 817, [2010] WLR (D) 195, [2011] 1 WLR 504
  • Cited – Director of Public Prosecutions v Jones and Lloyd HL 4-Mar-1999
    21 people protested peacefully on the verge of the A344, next to the perimeter fence at Stonehenge. Some carried banners saying ‘Never Again,’ ‘Stonehenge Campaign 10 years of Criminal Injustice’ and ‘Free Stonehenge.’ The officer in charge . .
    Times 05-Mar-99, Gazette 17-Mar-99, Gazette 31-Mar-99, [1999] 2 AC 240, [1999] UKHL 5, [1999] 2 WLR 625, [1999] 2 All ER 257, (1999) 6 BHRC 513, (1999) 3 CHRLD 4
  • Cited – Scott v Mid-South Essex Justices and Keskin Admn 25-Mar-2004
    The private prosecutor appealed against the dismissal by the magistrates of his allegation that the defendant had unlawfully obstructed the highway. In essence the question was whether Mr Keskin should have been found to have a lawful excuse. He . .
    [2004] EWHC 1001 (Admin)
  • Cited – Tabernacle v Secretary of State for Defence CA 5-Feb-2009
    The claimant sought judicial review to test the validity of the bye-laws which prohibited them from camping on public land to support their demonstration.
    Held: The bye-laws violated the claimant’s right to freedom of assembly and of . .
    [2009] EWCA Civ 23, [2009] WLR (D) 35
  • Cited – Southwark London Borough Council v Williams CA 1971
    No Defence of Homelessness to Squatters
    The defendants, in dire need of housing accommodation entered empty houses owned by the plaintiff local authority as squatters. The court considered the defence of necessity.
    Held: The proper use of abandoned council properties is best . .
    [1971] 1Ch 734, [1971] 2 All ER 175, [1971] 2 WLR 467
  • Cited – Begum (otherwise SB), Regina (on the Application of) v Denbigh High School HL 22-Mar-2006
    The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion.
    Held: The school’s appeal . .
    [2006] UKHL 15, Times 23-Mar-06, [2006] 2 WLR 719, [2007] 1 AC 100, [2006] 2 All ER 487, [2006] HRLR 21, [2006] 1 FCR 613, [2006] UKHRR 708
  • Cited – Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire HL 13-Dec-2006
    The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. . .
    [2006] UKHL 55, Times 14-Dec-06, [2007] 2 WLR 46, [2007] 2 All ER 529, [2007] 2 AC 105, (2006) 22 BHRC 38
  • Cited – Dickson and Another v United Kingdom ECHR 15-Dec-2007
    (Grand Chamber) The complainants were husband and wife. They had been married whilst the husband served a sentence of life imprisonment. They had been refused suport for artificial insemination treatment.
    Held: The claim succeeded. The refusal . .
    2008) 46 EHRR 41, [2007] ECHR 1050, Times 21-Dec-07
  • Cited – Secretary of State for Environment, Food, and Rural Affairs v Meier and Others SC 1-Dec-2009
    The claimant sought a possession order to recover land from trespassers. The court considered whether a possession order was available where not all the land was occupied, and it was feared that the occupiers might simply move onto a different part. . .
    [2009] UKSC 11, UKSC 2009/0087, [2009] 1 WLR 2780, [2009] 49 EG 70, [2010] NPC 3, [2009] WLR (D) 347
  • Cited – Powell v McFarlane ChD 1977
    A squatter had occupied the land and defended a claim for possession. The court discussed the conditions necessary to establish an intention to possess land adversely to the paper owner.
    Held: Slade J said: ‘In the absence of evidence to the . .
    (1977) 38 PandCR 452
  • Cited – Wiltshire County Council v Frazer CA 1984
    For a party to avail himself of the Order he must bring himself within its words. If he does so the court has no discretion to refuse him possession. The rules require: ‘(1) of the plaintiff that he should have a right to possession of the land in . .
    (1984) 47 PandCR 69
  • Cited – Buckinghamshire County Council v Moran CA 13-Feb-1989
    The parties’ respective properties were separated by a fence or hedge and the true owner had no access to the disputed land. In 1967 the Defendants’ predecessors in title began to maintain the land by mowing the grass and trimming the hedges and . .
    [1990] 1 Ch 623, [1989] EWCA Civ 11, [1990] Ch 632, [1989] 2 All ER 255

Cited by:

These lists may be incomplete.
Updated: 07 December 2020; Ref: scu.450508