Skip to content or view screen version

Squat Raid in Brighton

Barry Cade | 04.04.2012 15:26 | Free Spaces | Policing | Repression | South Coast

A squat in Brighton was illegally evicted by riot police and bailiffs yesterday morning.

The 'Darkside' squat on St James Street was illegally evicted, using an old, expired possession order yesterday, at around 10 in the morning. People had no idea eviction proceedings had begun against the squat, and no court date had been given.

Despite the door being securely locked, it took the bailiffs mere seconds to enter, using some sort of hydraulic battering ram to blow the door practically off it's hinges.

After the bailiffs had entered came cops in public order gear, including an evidence gathering team, a tactical public order adviser and a bronze commander. People's suspicions that this might be a tad more than just an eviction were confirmed when the evidence gatherers proceeded to search the building, filming any papers that referred to the upcoming Squatter's Convergence in Brighton ( http://www.indymedia.org.uk/en/2012/04/494444.html).

The bailiffs were obstructive in the extreme, attempting to stop people removing their belongings, refusing people who'd left re-entry to get more stuff, trying to stop people passing stuff out the door and refusing to show the eviction papers. A crowd of supporters gathered outside, closely watched by the 50 or so armoured cops, who were clearly expecting some sort of riot. The bronze commander attempted to force the evicted squatters and their supporters back across the road, ludicrously imposing a Section 14 on them (section 14 of the public order act allows police to impose conditions on a public assembly if the purpose of the persons organising it is the intimidation of others with a view to compelling them not to do an act they have a right to do, or to do an act they have a right not to do, or it may result in serious public disorder, serious damage to property or serious disruption to the life of the community) Squatters refused to move until papers were produced, starting a lively chant of "SHOW US THE PAPERS!"

Eventually the bailiffs relented and produced an expired possession order for the property, dated from the 6th Jan this year. This possession order was used to evict the previous residents in January of this year. That means the eviction was completely illegal.

Sitex Orbis were soon on the scene, covering the property in unsightly metal sheeting, and ensuring it will remain empty and fall into ruin in years to come.

At the same time, the popular local squatted veggie shop project was served eviction papers. This came as a surprise to the occupiers as they hadn't been notified that they were being taken to court. The squatters have notified the court of this attempt to illegally evict them, and intend to fight it.


This blatantly illegal, politically motivated raid was obviously intended to intimidate Brighton Squatters before the upcoming Squatter's Convergence in Brighton (May17th-20th). This repression makes it all the more important that people come to the convergence to show solidarity will Brighton Squatters and fight the upcoming squatting ban.

ACAB

Barry Cade

Comments

Hide the following 7 comments

illegal?

05.04.2012 09:47

I thought eviction papers on a property, if including 'persons unknown', lasted for a year, which would make this a legal eviction? I know in theory if the people are completely not connected to former residents then in theory the papers shouldn't apply, but it's a grey area that shouldn't be relied on...unless I'm wrong?

Solidarity to you and keep on squatting

Bob


pretty sure it is

05.04.2012 11:56

I don't have my squatters' handbook on me, but I'm pretty sure possession orders are only valid up until the 'owners' regain possession. I think it is a crime to tresspass on property you've been evicted if you are personally named on a possession order. Also possession orders can be resurected, but you can still challenge this in the courts - they can't just turn up with shitloads of cops in the morning and kick in the door.

So yeah, I may be wrong but I can't see how this eviction was legal. Perhaps a combination of the cops getting their own back for the 'unauthorised' squatting demo the other day ( https://www.indymedia.org.uk/en/2012/03/494409.html), a fishing excercise for info on the convergence ( https://www.indymedia.org.uk/en/2012/04/494444.html) and practice for the new law ( http://indymedia.org.uk/en/2012/04/494582.html). Hopefully people will chase this up cos it could be a good money spinner for those evicted.

biff


legality

05.04.2012 13:34

> "I don't have my squatters' handbook on me, but I'm pretty sure possession orders are only valid up until the 'owners' regain possession."

Correct. Same goes for any warrant that had been issued before the possession was taken.

> "I think it is a crime to tresspass on property you've been evicted if you are personally named on a possession order."

Any sources for that? Can't see how it could be eg. "contempt of court".

> "Also possession orders can be resurected, but you can still challenge this in the courts - they can't just turn up with shitloads of cops in the morning and kick in the door. "

You are right about the possibility of possession order being resurected. The claimant can apply to the court for 'warrant of restitution' if they can show it's (some of) the same people re-squatting. What's harsh about this one is that the squatters don't have to be notified of such application. In effect, bailiffs get a new warrant and set a new date for eviction.

CCR26.r17(4) and (5)
 http://www.justice.gov.uk/courts/procedure-rules/civil/sched_ccr/ccrorder26#IDALT0NC

Furthermore, there is no strict requirement for the bailiffs to send notices of eviction (N54) so, sorry to say, with a warrant of restitution bailiffs can effectively just turn up 'out of the blue' and kick the door down. And they would be doing so lawfully. Resisting them in such case would be an offence under s10 Criminal Law Act (Obstruction of court officer) and once you're out there is not much you can do.

If you do get an advance notice of eviction and you are not the same people you can use N244 Application Form to have the warrant set aside.

The eviction in Brighton certainly seems unfair but whether it was illegal depends on whether there was a live warrant.

jjj


brighton...

05.04.2012 20:51

i always joke about how much I hate Brighton, however in real life the activists are really dedicated and hard working, being evicted like that is a real humilation, but don't stop, carry on.

nasty man


@jjj

05.04.2012 21:26

Fair enough, I stand corrected. Having briefly looked at a Squatters' Handbook (10th edition) it does say they can turn up with a 'warrant of restitution'. Though in this case all the bailiffs (eventually) produced was an out of date possession order, which suggests this may still have been illegal. Seems a bit unsporting of the courts to not even let them know they're coming, especially since the court is less than a minute from 'darkside' - not that I'm surprised.

It seems I'm also wrong on the crime to trespass after an eviction since I've failed to find anything to back that up - I guess it must be one of those pub 'facts' that just lodge in your head.

biff


@biff

06.04.2012 23:33

re: crime to trespass after an eviction

not sure if you're wrong, wasnt challenging - just wondered about it myself.
it's definitely an explicit offence to come back within a year after having an IPO made against you but regular possession order... who knows? :)

jjj


Warrant Of Restitution And LL's Lies

15.08.2012 13:40

We were illegally evicted from an office building on Grand Parade on Monday (13/8/12) using a warrant of restitution. The LL lied to the judge and said that we were the same squatters who were evicted on 26/7/12...we moved in on 6/8/12. The police and the LL agent came round on 9/8/12 and were fully aware that we were a new group. We weren't even living in Brighton when the previous squatters were evicted!

Fully planning to get legal advice, hopefully get the LL done for perjury! The 5K would also be nice, but we ain't holding our breath! ;o)

Shazaaym