Representing a landlord in a complex trespass case

Property & Land Law

29 November 2023

Lavinia represented the landlord in a hearing for an Interim Possession Order against persons unknown. Multiple people had trespassed onto land and a building belonging to the Claimant.

At the hearing the District Judge queried whether service was effective under CPR 55.6. Lavinia argued that whilst the documents had not been placed on a main door or in a stake on the land, this was an unusual property and careful consideration was needed. Lavinia made successful submissions that as the Defendants had barricaded the main door and it was impractical to put a stake in the ground, service was effected by pasting the documents to the wall.

The District Judge awarded an interim possession order.

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