McPhail v Persons Unknown [1973]

Local authorities brought proceedings against trespassers who had broken in to and were living in local authority houses. The judge made an immediate possession order (under the Rules of the Supreme Court Order 113), but the trespassers appealed, asking for the possession order to be delayed for four weeks.

On appeal:
HELD: The Court of Appeal dismissed the appeal. Where the owner of property seeks a possession order against people trespassing and occupying his property, the court is bound to grant the order. The court does not have discretion to suspend the order.

Citation: McPhail v Persons Unknown [1973] Ch 447