Kenneth A Warner examines cases of unlawful encampments
In an action for trespass to land a plaintiff is entitled to seek damages in respect of any injury inflicted to the land itself. More commonly, or in addition, the plaintiff will seek an injunction against the continuation of the trespass. But an injunction is an equitable remedy and therefore discretionary, and before it will be granted it is necessary that the defendant has established some recognised, unlawful possession, of that land. Similarly, an order for possession is predicated upon the defendant in some way putting the plaintiff out of possession.
In Environment Secretary v Meier [2009] UKSC 11, [2010] 1 All ER 855, a number of persons who pursued a lifestyle in Britain as travellers, had set up camp at Hethfelton Wood in Dorset. Hethfelton Wood is under the occupation of the Forestry Commission. The practice of the commission was to afford members of the public relatively free access to the areas under their management. For this reason, the land in question was not physically secured against trespassers in the same way as much
