At height team

Climbers will who work to safely remove protesters from height, whether that is trees, buildings or temporary structures. Our climbers are IRATA 3 accredited.

Authorised High Court Enforcement Officer (HCEO)

An authorised High Court Enforcement Officer is an individual formally appointed and authorised by the Lord Chancellor/Ministry of Justice to act as and is an officer of the High Court, with the power and responsibility to enforce High Court writs (for example writs of control and writs of possession) that are issued in the High Court or transferred there to from the County Court in England and Wales.

Certificated enforcement agents

This is an enforcement agent (formerly known as a Sheriffs Officer or a bailiff) who has been granted a certificate by a judge empowering him or her to enforce writs and warrants. The certificate lasts for two years and cannot be granted to anyone employed in a business that buys debt or to any officer of a County Court. The EA will act under the direction and authority of the Authorised HCEO.

Charging order

A charging order is a court order that secures a judgment debt by placing a legal charge over a debtor’s home, land or securities such as shares. Once a final charging order is made, the creditor becomes a secured creditor against that property and must normally be paid from the proceeds if the property is sold.

After a charging order is in place, the creditor can apply separately for an order for sale to enforce the charge, though this is discretionary and subject to the court’s assessment. The order for sale will usually include a possession order.

Common Law

In relation to the removal of trespassers from land under common law, you should use certified Enforcement Agents who will serve an eviction notice giving the trespassers 24 hours to move from your property. If, after 24 hours has passed, the trespassers have not departed from the land or premises, then you may proceed to evict them. Halsburys Laws of England (Paragraph 1400, Volume 45, 4th Edition) states that:

"If a trespasser peaceably enters or is on land, the person who is in or entitled to possession may request him to leave, and if he refuses to leave, remove him from the land using no more force than is reasonably necessary. This right is not ousted if the person entitled to possession has succeeded in an action at law for possession but chooses not to sue out his writ”

Compulsory Purchase Order (CPO)

A compulsory purchase order allows public bodies (the acquiring authority) to acquire land or property without the owner’s consent, usually for a project considered to be in the public interest, with a right to compensation for the owner.

CPO warrant

The Compulsory Purchase Order warrant provides the authority for the enforcement agents to take possession of the land covered by the CPO. No further court authority is required.

County Court Bailiffs

County Court Bailiffs are civil servants employed by the court. They use a warrant of possession to undertake evictions. They are unlikely to have the experience, expertise, safety policies or specialist equipment to undertake a protester eviction.

Dynamic risk assessment

During the eviction, the authorised High Court Enforcement Officer and the certificated enforcement agents will need to undertake further dynamic risk assessments as circumstances present themselves, drawing on their training, operational processes and the eviction operational plan.

Elderly and vulnerable persons

Enforcement agencies must ensure that the genuinely vulnerable and socially excluded are protected. The potentially vulnerable include elderly, people with a disability, the mentally ill, the recently bereaved, single parent families, pregnant women, unemployed people, those who have obvious difficulty with English and children.

Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18 or a person who is vulnerable, although they can ask when the debtor will be home. If the child appears to be less than 12, the enforcement agent must withdraw without making any enquiries.

Environmental protesters

Environmental protest movements have grown over the last 50 or so years, with people (who may not live locally to a site) protesting a development such as a bypass, airport expansion or new train lines.

Eviction

The removal of trespassers, protesters, travellers and activists from land or property under a writ of possession or at Common Law. An eviction is also the removal of a tenant or a mortgagor who has been served notice to leave the premises but has refused to do so.

Evidence gathering team

The evidence gathering team (EGT) will film and photograph an eviction to provide evidence of the enforcement action, should it be required, for evidential purposes (e.g. arrests and subsequent prosecutions).

Freemen of/on the Land

Freemen of/on the Land are a group of people who do not recognise UK statutory law or Government authority. They believe that they can draw on the Magna Carta and ancient common law rights to avoid any form of enforcement action. Their beliefs are often described as “pseudo law” and do not have any lawful validity. We would warn people against relying on any of the materials available online, as these are frequently incorrect or taken out of context and are misleading: the consequences of doing so are detrimental.

Gaining entry by force

When removing trespassers from a site under a writ of possession, the enforcement team can force entry onto the site.

Ground enforcement team

The ground enforcement team comprises highly trained enforcement agents, who hold certificates issued by a District Judge and security personnel who hold licences from the Security Industry Authority. Many of our team hold both EA Certificates and SIA licences.

Halsbury’s Laws of England

This is the main legal encyclopaedia for the law of England and Wales, published by LexisNexis and regularly updated: be sure to refer to the current edition.

Hazardous materials

Hazardous materials are often found on protester eviction sites and may include toxic waste, asbestos, contaminated soil, chemicals, human waste, syringes and other drug paraphernalia. Most will require removal by specialist companies

High Court claim

Most possession claims will start in the County Court. There are three reasons given in Practice Direction 55A, supplementing CPR Part 55, when a possession claim may be started in the High Court. These are:

• There are complicated disputes of fact
• There are points of law of general importance
• The claim is against trespassers and there is a substantial risk of public disturbance or of serious harm to persons or property which properly require immediate determination

Information to provide the enforcement team before an eviction

The more information that can be provided, the better. Key points are:

• The number of people on site, including children and approximate ages
• Affiliations to known environmental protester groups
• The number and type of vehicles
• A map and plan of the site, including topography and boundaries

Injunction

An injunction, when issued by the court in relation to a writ of possession, is a court order requiring trespassers to stop entering or occupying land (a prohibitory injunction) and, where appropriate, to leave or remove encroaching structures (a mandatory injunction), with a breach enforceable as contempt of court.

Whilst an injunction might prevent trespassers coming onto land, once they are in situ, a possession order and enforcement will normally be the more effective route to remove them.

Licensed traveller site

This is a public (local authority or housing association) or privately owned authorised site provided for the Gypsy and Traveller communities. They will have a tenancy agreement (with security of tenure) and are subject to a code of conduct, as well as payment of council tax, rent, gas, electricity and other associated amenity charges, in the same way as other residents.

Lock-ons

Lock-ons are devices used by protestors to delay removal from site, which may feature the use of snares, barbed wire, concrete backfilling and other materials designed as “booby traps” such as aerosols, all requiring the deployment of specialist removal teams and equipment.

Method of entry team

This is the team that will lawfully and legally gain entry, by force if necessary, to a property or to land in order to allow the eviction to take place.

National infrastructure site

This is a site that forms part of our national infrastructure and will include sites designated as Critical National Infrastructure (CNI). Disruption to a national infrastructure site would impact national security, the economy, public health or other essential services. Areas covered include energy, water, transport, communications, health, finance, emergency services, government.

Notice of eviction

Notice of eviction is not required where the occupants are trespassers who have never had permission to be on the land.

In most other cases, enforcement agents are required to give at least 14 calendar days’ notice of eviction before they visit. However, the HCEO or client can ask the Court to reduce or remove the notice period. Reasons for this might include the concern that the occupant might elicit and obtain support from other persons to resist the eviction.

Persons unknown

When the occupants on land are trespassers and are not tenants or have any previous right to be on land or premises, they are described as “persons unknown”.

A possession order to remove persons unknown obtained in the County Court may be transferred to the High Court for enforcement under a writ of possession without requiring the court’s permission.

Police support

Under a writ or warrant, the Authorised HCEO is wholly responsible and personally liable for executing the writ of possession or warrant. The writ confers extensive powers, including:

• The right to use reasonable force
• Powers of arrest (for obstructing the enforcement of the writ)
• A statutory requirement for the Police to assist the enforcement of a writ (p.5 sch. 7 c.39 of the Courts Act 2003), extending to criminal offences of obstruction with arrest sanctions (Criminal Law Act 1977 (c. 45) Part II s.10 )

Protesters’ belongings

See the section on the Torts (Interference with Goods) Act 1977.

Risk assessment and operational plan

A risk assessment forms part of the planning of an eviction and covers a detailed operational plan which will include both a general and a pre-planned risk assessment. These will include information provided by the landowner, sites visits and intelligence from local Police.

Once this information is gathered, an operational plan is established having determined potential methods of entry; an evaluation of what specialist teams and equipment are needed; and the level of police support.

Setting aside judgment

When the defendant applies to set aside judgment (sometimes used as a delaying tactic), the court will fix a date for the hearing, which both parties will attend. The defendant will have to explain why they want the judgment set aside. If the court approves the application to set aside judgment, then the defendant is allowed to put forward their defence, having provided the claimant with documents they intend to use and witnesses to support their defence. If they are successful, the judgment is ordered to be set aside and enforcement cannot proceed. If their application is denied, the claimant may proceed with enforcement. Unless an order staying enforcement of the writ pending the hearing of the application is obtained by the defendant, enforcement may continue whilst the application is awaiting a hearing.

Site security post-eviction

After an eviction, it is important to secure the site to prevent the trespassers returning to the site. You may want to consider manned guards, dog units, screens, doors, fencing, concrete barriers, CCTV and alarm systems and monitoring.

Squatter

A squatter is a person who is occupying property or land with no prior permission to do so. Squatters on land or in commercial premises are removed under a writ of possession by an Authorised HCEO.

Squatting in residential premises is a criminal act and the Police should be contacted to remove them.

Torts (Interference with Goods) Act 1977

This act sets out how a landowner or landlord, as an involuntary bailee, must deal with goods left behind after an eviction, including giving notice and a reasonable opportunity for the former occupier to collect them before they can lawfully be sold or disposed of.

Traveller

The traveller community is a broad term for groups with a traditional or cultural history of living a nomadic or semi‑nomadic way of life, such as Romany Gypsies, Irish Travellers, Scottish Gypsy/Travellers and some “new age” or occupational Travellers.

Tunnelling team

The tunnelling team will enter protester constructed tunnels to safely remove them as part of the eviction process. All team members have completed a confined space course relevant to confined spaces defined under Water UK level NC1/NC2, and which covers the Confined Space Regulations 1997, ventilation and communications in confined space, atmospheric monitoring, biohazards, decontamination and managing protestors in confined spaces.

Validity of the writ of possession

The writ of possession is valid for 12 months from the date of service of the notice of eviction.

Writ of possession

Commercial landlords may apply for a writ of possession to repossess land and property on that land. The landlord, or their solicitor or agent, must attend the repossession to show the actual boundaries of the property or land that is being repossessed. The enforcement agent is entitled to use force to enter and may also use reasonable force to eject the occupants and other people found at the premises at the time.

In the case of residential property, permission (leave) is required from the court to transfer up the possession order to the High Court for enforcement. Our parent company, High Court Enforcement Group, can support you with the removal of tenants from residential property.

Writ of restitution

A writ of restitution is a court order, issued in aid of an existing writ of possession, that allows a property owner to regain possession again where someone has wrongfully re‑entered after eviction or after a possession order has already been enforced. It restores the claimant to the position they were in after the original writ of possession was enforced, so that enforcement agents can remove the trespassers without the need to commence fresh possession proceedings.