University of Birmingham v Persons Unknown & Anor
| Judge | Mr Justice Johnson |
| Neutral Citation | [2024] EWHC 1770 (KB) |
| Year | 2024 |
| Court | King's Bench Division |
| Counsel | Katharine Holland Kc,Michelle Caney,Liz Davies Kc,David Renton |
| Date | 09 July 2024 |
Neutral Citation Number: [2024] EWHC 1770 (KB)
Case No: KB-2024-BHM-000127
IN THE HIGH COURT OF JUSTICE
KING’S BENCH DIVISION
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 9 July 2024
Before :
MR JUSTICE JOHNSON
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Between :
University of BirminghamClaimant
- and -
(1) Persons Unknown
(2) Mariyah AliDefendants
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Katharine Holland KC and Michelle Caney (instructed by Shakespeare Martineau LLP) for the
Claimant
Liz Davies KC and David Renton (instructed by Hodge, Jones and Allen) for the Second
Defendant
Hearing date: 4 July 2024
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Approved Judgment
This judgment was handed down by release to The National Archives on 9 July 2024
MR JUSTICE JOHNSON
Approved Judgment
University of Birmingham v Ali
Mr Justice Johnson:
1.This case concerns an encampment by students (and possibly others) at the University
of Birmingham (“the University”) on the University’s campus.The campers are
opposed to actions of the Israeli Defence Force in Palestine. They demand that the
University takes certain steps to show that it too opposes those actions. The
University seeks an order for possession of its land against the campers. It says that a
summary order for possession should be made under Part 55 of the Civil Procedure
Rules.
2.Mariyah Ali is one of the campers. She is, apparently, the only one who is willing to
reveal her identity and take part in these proceedings. She says that there are grounds
to dispute the claimand that directions shouldbe given for a trial of the issues.
Specifically, she says that the University’s decisions to terminate her licence to use its
land, and to seek possession of its land, are unlawful because (i) they discriminate
againstheron thegrounds of her beliefs,contrary to sections 13 and91 ofthe
Equality Act 2010, (ii) the University has not complied with its public sector equality
duty, contrary to section 149 of the 2010 Act, (iii) the decisions amount to a breach of
the University’s statutory duty to ensure freedom of speech for university students,
contrary to section 43(1) of the Education (No 2) Act 1986, and (iv) they amount to a
breach of her rights to freedom of expression and freedom of assembly, contrary to
section 6 of the Human Rights Act 1998 read with articles 10 and 11 of the European
Convention on Human Rights (“the Convention”).
The test for granting a summary order for possession
3.Part 55 of the Civil Procedure Rules makes provision for possession claims, meaning
claims for the recovery of possession of land: CPR 55.1(a). This includes a possession
claim against trespassers, meaning (for these purposes) a claim for the recovery of
land which the claimant alleges is occupied only by persons who are on the land
without the consent of anyone entitled to possession of the land: CPR 55.1(b).
4.Where, in apossession claim againsttrespassers, the claimantdoesnot know the
name of a person in occupation or possession of the land, the claim must be brought
against “persons unknown” in addition to any named defendants: CPR 55.3(4).
5.Onceaclaim hasbeen issued,a hearingmust be fixed. At thathearing, orany
adjourned hearing, the court may either decide the claim or may give case
management directions: CPR 55.8(1). CPR 55.8(2) states:
“Where the claim is genuinely disputed on grounds which
appeartobe substantial,case managementdirections… will
include the allocationof the claimto a trackor directions to
enable it to be allocated.”
6.The test for deciding whether to make a summary possession order is the same as the
test that applies to the grant of summary judgment under Part 24 of the Civil
Procedure Rules: Global 100 Limited v Maria Laleva [2021] EWCA Civ 1835, [2022]
1 WLR 1046 per Lewison LJ at [13] – [14]. A summary order for possession may
therefore be made if there is no real prospect of successfully defending the claim and
there is no other compelling reason why the claim should be disposed of at trial: CPR
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