Arguing effective service against trespassers

Lavinia acted for a claimant Council who were claiming possession of an area of land that had been occupied by trespassers.

The trespassers claimed they had an implied licence in that an unknown person had given them an implied or expressed licence to be there. The Defendant also argued that service had not been effective under CPR 55 as they had not been served by a stake in the ground. Lavinia made submissions regarding service. She argued that, by attaching all of the documents to each tent, service was effective.

The District Judge set directions and listed the matter for a contested final hearing.