[2025] EWHC 1955 (KB)

The Claim stated in very brief form:

“Conservative Club in St Asaph has installed a CCTV camera overlooking a land which Mr. Askan is in adverse possession, servicing and the only lawful occupant, amounting to, inter alia, harassment and a breach of the Mr. Askan's rights under the Data Protection Act 2018. Conservative Club had followed none of the strict guidelines for businesses set out by the Information Commissioner's Office that need to be followed. Mr. Askan seeks damages and injunctive relief. Mr. Askan brings a collateral claim under the tort of nuisance and Protection from Harassment Act 1997.”

No other particulars were provided. In its Defence and Part 20 Claim, the Club stated, not unfairly, that the allegations were not at all clear and that no cause of action was set out. It nevertheless then dealt with what it understood to be the case against it. The underlying dispute relates to the ownership of a small parcel of land. The Defendant appended an illustrative plan (‘the Plan’) to permit an understanding of the nature of the parties’ respective positions. The plan was also appended to the judgment, for the same reasons. Although use of the Plan is subject to criticism as part of the Grounds of Appeal, it is undoubtedly a very useful document in understanding the dispute. It is also an essential document to understand the judgment. It is set out below:

The Contested Land, in terms of ownership, is made up of the areas coloured purple, red and yellow on the Plan. The white ‘X’s are the locations where the Club contended that it placed air-conditioning units together with a concrete slab in 1991. The black line running between letters C and D is a wall which the Club contended it built, also in 1991, effectively enclosing the contested land between the green area (owned by the Council), and a public house, broadly to the north (‘the Wall’). The orange strip represents the Path, which the Club accepted was owned by Mr Askan, but over which it contended it had a right of access.

Mr Askan is the registered proprietor of the former HSBC Bank in High Street, St Asaph, shown edged blue and marked as ‘Old Bank Buildings’. This is registered at HM Land Registry under title number CYM496106 (the ‘Old Bank’). Mr Askan acquired the Old Bank on 27 March 2019.

The Club is the registered proprietor of the club premises shown edged red and marked ‘St Asaph Conservative Club’ on the Plan and registered at HM Land Registry under title number CYM191971. It can be seen that part of the Contested Land coloured red is encompassed within the red outline. The circumstances in which this came to be registered formed part of Mr Askan’s case as it developed at trial, and beyond: upon oral renewal Mr Askan asserted that the Club’s registration in 2004 had been fraudulently obtained by the Club, with the connivance of unnamed corrupt officials at the Land Registry. The Club maintained that it had a registered title over that part of the area coloured red encompassed within the red lines on the plan. If it was wrong about this, it claimed adverse possession.

The areas of land shown coloured purple and coloured yellow on the Plan are unregistered, over which the Club claimed adverse possession. This was disputed by Mr Askan, who also claimed adverse possession.

The Claim by Mr Askan complains of the Club’s use of CCTV to film the Contested Land. There is no Ground of Appeal which challenges the Judge’s finding (at [125]) that recording one’s own property does not amount to a breach of the Data Protection Act 2018 or associated regulations. The Club claimed that the CCTV was installed in response to Mr Askan’s conduct in trespassing on the Contested Land and removing the air conditioning units. The Judge concluded (at [117]) that Mr Askan’s claim turned to an extent on the Court’s findings in relation to the Contested Land. In this, he was undoubted correct.