000			02579cad a22003375a 4500
001			L144961
008			080827e20080731xxk f v 000 0 eng d
035			_a(Sirsi) u144961
041	0		_aeng
245	0	0	_aSOS Environment, Food & Rural Affairs v Meier & Ors _h[electronic resource]
260			_c2008
520			_a[2008] EWCA Civ 903, 31 July 2008. If a landowner seeking a possession order in respect of threatened trespass was able to establish a real danger of occupation, the court was not bound to grant the order. It was found, however, that the court should only refuse such an order in exceptional circumstances. Appellant (SoS) appealed against the decision to grant a possession order against respondent travellers (M). M had previously occupied Forestry Commission land illegally. SoS sought a possession order for the current site; possession orders for roughly 25 sites that it feared M might move to and and injunction against M entering these sites. The recorder had granted the first application, but not the second or third. Held: appeal allowed. The first issue was proving a real danger of occupation; or whether the court had a general discretion to grant orders. The court was found to have discretion and the recorder who had not granted the second and third applications was found to be wrong. The extended possession order and the injunction sought complemented each other and there was no reason not to grant them on the same facts as the granting of the possession order for the current site. The order to grant an injunction against M was discretionary but necessary to uphold the rule of law against a threatened invasion.
590			_aKA
650	2	4	_aDRURY V SECRETARY OF STATE
650	2	4	_aFORESTRY ACT 1967 S46(1)
650	2	4	_aKANSSEN V SECRETARY OF STATE FOR THE ENVIRONMENT, FOOD AND RURAL AFFAIRS
650	2	4	_aPRESIDENT OF SOUTH AFRICA V MODDERKLIP BOERDERY (PTY) LTD
650			_aR (GODMANCHESTER TOWN COUNCIL) V SECRETARY OF STATE
650	2	4	_aKAY V LAMBETH LBC
650	2	4	_aMCPHAIL V PERSONS NAMES UNKNOWN
650	2	4	_aPATEL V WH SMITH (EZIOT) LTD
650	2	4	_aSOS ENVIRONMENT, FOOD & RURAL AFFAIRS V MEIER & ORS
650	2	4	_aBEHRENS V RICHARDS
650	2	4	_aBIRMINGHAM CITY COUNCIL V DOHERTY
650	2	4	_aSOUTH BUCKINGHAMSHIRE DC V PORTER
650	2	4	_aWANDSWORTH LBC V WINDER
651		4	_aEngland and Wales _y1543-
690			_aLandlord and tenant _96252
856	4	0	_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2008/903.html _zView the case free of charge online at www.bailii.org...
942			_n0
999			_c80668 _d80668