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On appeal from: [2008] EWCA Civ 903  

Unanimously allowing the appeal in part, by travellers, who had established an unauthorised camp in Hethfelton, one of the woods owned by the Secretary of State for Environment, Food and Rural Affairs.

The Supreme Court held that a court could not grant an order for possession in respect of distinct land not yet occupied or possessed by a defendant. The Court of Appeal, in Secretary of State for EFRA v Drury [2004] 1 WLR 1906, had illegitimately extended the circumstances in which an order for possession could be made. However, it was right to grant an injunction retraining a defendant from trespassing on other land not occupied by him.

For judgment, please download: [2009] UKSC 11
For the Court’s press summary, please download: Press Summary

For a non-PDF version of the judgment, please visit: BAILII 

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