Appearing in both cases for the University of Birmingham, and the University of Nottingham, Michelle Caney secured campus wide summary possession orders arising out of protest encampments. The two important and keenly awaited judgments were handed down by Mr Justice Johnson on 9 July 2024.
Both cases raise issues of significance to the whole of the University sector, including whether Universities should be regarded as public authorities under the Human Rights Act 1998 and are susceptible to public law defences in the context of possession proceedings. The University of Birmingham also faced a defence of direct discrimination contrary to the Equality Act 2010, and a breach of the Public Sector Equality Duty. This is the first reported case where such an argument had been pursued in respect of a protest encampment.
Each of the defences were dismissed on a summary basis, the Judge concluding that they failed to disclose a real prospect of success to justify either matter proceeding to trial. The Judge was also satisfied that there was a real threat that the protest encampment would move to another part of the campus if the order was limited to the area being occupied. Both Universities therefore secured campus wide possession orders.
Michelle Caney acted on behalf of the University of Birmingham and the University of Nottingham, initially as sole Counsel and latterly led by Katharine Holland KC. Michelle was instructed by Martin Edwards and Dannielle Long of Shakespeare Martineau LLP.
To find out more about the cases and the implications of the judgments, an article written by Harry Marriott can be found here: https://st-philips.com/news-events/end-of-term-university-protest-encampments-and-possession-proceedings/
The judgment in The University of Birmingham v (1) Persons Unknown and (2) Mariyah Ali [2024] EWHC 1770 (KB) is available here: https://www.bailii.org/ew/cases/EWHC/KB/2024/1770.html
The judgment in The University of Nottingham v (1) Butterworth and (2) Persons Unknown [2024] EWHC 1771 (KB) is available here: https://www.bailii.org/ew/cases/EWHC/KB/2024/1771.html
