KB-2024-004175 - [2025] EWHC 2050 (KB)

When considering Article 10 and 11 rights in the particular context of a claim for trespass Lord Burnett (LCJ) observed in DPP v Cuciurean[2022] 3 WLR 446 (DC) at Paragraph 46 that:

“Articles 10 and 11 are subject to limitations or restrictions which are prescribed by law and necessary in a democratic society. Those limitations and restrictions include the law of trespass, the object of which is to protect property rights in accordance with A1P1. On the other hand, property rights might have to yield to articles 10 and 11 if, for example, a law governing the exercise of those rights and use of land were to destroy the essence of the freedom to protest. That would be an extreme situation.”

As Sheldon J observed in The Office Group Properties & Anr v Persons Unknown [2025] EWHC 1438 (KB) at Paragraph 29 of the Judgement (before disposing of the case on different grounds):

“it will be an unusual case where Article 10 and 11 rights of those who trespass on private land will outweigh the A1P1 rights of the landowner”

It is in any event not suggested on the facts of this case that a prohibition on trespass would have the effect of preventing the effective exercise of the Article 10 and 11 rights of any defendant.