Eversheds partner comments on protesters facing eviction from fracking site in Salford
Eversheds partner Alison Oldfield has commented on the legal process of evicting protesters, after an application to evict protesters from Barton Moss in Eccles, Salford, reached court, but was adjourned for two weeks to give the defendants more time to respond.
Oldfield said that the decision demonstrates the risk that if landowners do not respond quickly when faced with protestor occupations, the process of recovering possession could become more complicated.
She added that it would be difficult to argue further down the line that the site must be cleared urgently, and that the situation also highlights the potential for these sort of cases to become embroiled in arguments about the impact of the Human Rights Act — which protesters have used in defence of their cause in a number of recent cases.
Oldfield continued: ‘First and foremost, the court will be concerned to navigate the line between lawful and unlawful protest while achieving the appropriate protection of private property rights.
‘That balancing act can be contentious, though, as this and other high-profile cases have proved. Any landowner wishing to retain control of events would be best advised to act swiftly and be ready to address these concerns thoroughly.’
News from Eversheds
News from The Lawyer
Briefings from Eversheds
The notion of ‘gross negligence’ is an important matter for customers and institutions alike and has been reviewed by the High Court and Supreme Court in deciding a recent case.
This report includes an analysis of the results of Eversheds survey on the Employment Tribunal process, which is based on 180 responses.
Analysis from The Lawyer
Could Slater & Gordon achieve its stated aim of becoming a top consumer brand by acquiring Pannone?
The Mid Staffordshire Inquiry’s call for a duty of candour will have far-reaching effects on the NHS and clinical negligence - if it is ever implemented