Secretary of State for Environment, Food and Rural Affairs (Respondent) v Meier and another (FC) (Appellant) and others and another (FC) (Appellant) and another

Case summary

Case ID

UKSC/2009/0087

Parties

Appellant(s)

Natalie Meier and others

Respondent(s)

Secretary of State for Environment, Food, and Rural Affairs

Issue

Whether the law of trespass, which protects landowners from acts of threatened trespass, can be interpreted so as to require a public body to tolerate acts of trespass by persons who otherwise lack suitable accommodation.

Facts

In 2007, the Appellants, who are travellers, established an unauthorised encampment on Hethfelton Wood, which is vested in the Respondent’s land and managed by the Forestry Commission. In May 2007, the Respondent successfully applied for a possession order in relation to Hethfelton Wood. The Respondent also made a further application on the same occasion for a possession order in relation to other woodlands, also vested in the Respondent, within a specified area of Dorset, and also made an application for an injunction preventing the respondents from entering or occupying those other woodlands. Those applications were refused by the Recorder. The Court of Appeal allowed the Secretary of State’s appeal against the Recorder’s refusal to grant the order for possession in relation to the other woods and against his refusal to grant the injunction. The defendants appealed.

Date of issue

23 February 2009

Judgment appealed

Judgment details

Judgment date

1 December 2009

Neutral citation

[2009] UKSC 11

Judgment links

Judgment summary

1 December 2009

Appeal

Justices

Lord Rodger

Lord Walker

Lady Hale

Lord Neuberger

Lord Collins

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