such circumstances would be – the factors that will be taken into consideration largely relate to risk of possible public disturbance, risk of harm to persons involved in the eviction, whether the past and future occupancy of the land had cause or would cause the claimants serious financial loss or that there was a continuing risk of harm to persons or property.
Unfortunately, it can be a fairly lengthy process getting your claim dealt with by the courts – although delays are more commonplace in the county courts than in the High Court. The rules do not state a specific timeframe within which the case will be heard – they merely refer to the need for the claim form to be served on the defendants no less than 5 days before the date of the hearing, although this can be shortened on application. Specific rules apply for what constitutes ‘service’ in ‘persons unknown’ cases; and there is no requirement for the defendant to respond or serve an acknowledgment or a defence in possession cases – they can merely turn up on the day of the hearing to defend their claim should they wish to do so.
Should the order be made in favour of the applicant, however, it becomes effective immediately and the court has no power to give a trespasser time to vacate the premises without the express consent of the landowner. The writ or warrant of possession may be issued at any time after the order is made, but no writ or warrant may be issued more than 3 months after the order without leave of the court.
Once you have your order, you are then faced with the decision of who you choose to enforce your order – this may be done through the County Court or the High Court. Many people may not be aware that enforcement of evictions can be done through the High Court, but since 2001 it has been the case that you may enforce a county court order for possession made in a claim against trespassers in the High Court, using a transfer up procedure similar to that used for transferring up judgment debts. The advantages of using this procedures are that you will almost certainly get a quicker and more effective service by transferring up rather than waiting for your eviction to filter its way slowly through the county court enforcement system until the county court bailiffs finally get round to dealing with it.
An alternative civil court procedure is the Interim Possession Order. This is certainly quicker but does entail more risk for the landowner. Application is made using the procedure laid down in Part 55 Section III of the CPR, and if the order is approved, the defendant must vacate the premises within 24 hours of the order being served. Remaining on the premises whilst the order is in force is a criminal offence, with a hearing date fixed for not less than 7 days after the order.
However, the stringent conditions that are applied to such an order e.g. that the claim must be made within 28 days of the date the claimant first knew of the unlawful occupation of the premises, and that throughout the period of occupation the claimant had an immediate right to possession, as well as the additional costs and time that such applications may involve, means that this is only likely to apply in the most straightforward of squatter cases where the likely success of the claim is indisputable.
One further area where local authorities and public bodies may require moving occupiers from land or property is the enforcement of compulsory purchase orders. Since 2007 the
32 THE TERRIER - Autumn 2011
enforcement of such orders has become the preserve of High Court Enforcement Officers, and local authorities may choose which officer they wish to enforce such orders on their behalf.
With such a complicated area of law, even the most experienced local authority lawyer may need help in deciding what the best way to proceed is. Enforcement companies such as Shergroup will be able to give advice on all aspects of the law relating to squatters, protesters and travellers, and has experience of jobs of all shapes and sizes – from removing protesters from Parliament Square; evicting squatters from council offices in Peckham, an abandoned priory in Thames Ditton and an old school building in Lewes; and removing travellers from Brighton racecourse, through to more mundane but equally important work on evictions from domestic premises. We will even provide the security measures necessary to keep your premises secure after the eviction has taken place. We are always available and willing to help – no job is too small and you can be assured of advice built on years of experience and prompt and effective service in getting your possession orders enforced, your evictions carried out and your land and properties secured.
For further information, please contact Shergroup on 0845 890 9200 or visit
www.shergroup.net
Claire Sandbrook
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64