Overview

Some of the procedural difficulties encountered in claims for possession brought against trespassers were highlighted in the recent claim brought by Vestas Blades UK Ltd on the Isle of Wight to evict employees who had taken possession of the company’s property in an act of protest. A ‘trespassers’ action can be brought under either an accelerated two stage procedure (Interim Possession Orders – CPR r.55 Pt.III) or by way of a summary claim (Pt.I of Rule 55). This article considers the latter approach – summary possession.

CPR PD.55 para.2.1(5) requires the claimant to give details of every person “who, to the best of the claimant’s knowledge, is in possession of the property”. This applies as equally to a trespassers claim as it does to any claim for possession brought under CPR r.55 Pt.I.

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