'Notice to leave' expected in 48 hours
Published:
November 01, 2011 14:03
by
samiam
Neighbourhoods: st_pauls
At St Pauls Occupation: A 'notice to leave' letter is expected today, meaning that court proceedings could start within the next 48hours (via the Corporation of London), although the expected announcement at 12pm did not happen as the Corporation of London are continuing to meet. They will have to physically hand over a legal notice to the camp at some stage. At the same time St Paul's Catherdral has released a statement (see below) claiming it has no part in the formal legal notice and that they withdrew their legal action.
For the Finsbury Square occupation: Yesterday (31st Oct) OccupyLFS were told by Islington council that they are trespassing (on finsbury square which is council owned). The council said they intend to serve a letter stating this and giving 24-48 hrs to leave (NB they don't have to at that point). Then they could be served notice to appear in court in maybe a couple of weeks.
Statement from St Paul's today:
"The Chapter of St Paul's Cathedral has unanimously agreed to suspend its current legal action against the protest camp outside the church, following meetings with Dr Richard Chartres, the Bishop of London, late last night and early this morning.
The resignation of the Dean, the Rt Rev Graeme Knowles, has given the opportunity to reassess the situation, involving fresh input from the bishop. Members of Chapter this morning have met with representatives from the protest camp to demonstrate that St Paul's intends to engage directly and constructively with both the protesters and the moral and ethical issues they wish to address, without the threat of forcible eviction hanging over both the camp and the church.
It is being widely reported that the Corporation of London plans to ask protesters to leave imminently. The Chapter of course recognises the Corporation's right to take such action on Corporation land.
The bishop has invited investment banker Ken Costa formerly chair of UBS Europe and chairman of Lazard International, to spearhead an initiative reconnecting the financial with the ethical. Mr Costa will be supported by a number of City, Church and public figures, including Giles Fraser, who although no longer a member of Chapter, will help ensure that the diverse voices of the protest are involved in this.
The Bishop of London, Dr Richard Chartres, said: "The alarm bells are ringing all over the world. St Paul's has now heard that call. Today's decision means that the doors are most emphatically open to engage with matters concerning not only those encamped around the cathedral but millions of others in this country and around the globe. I am delighted that Ken Costa has agreed to spearhead this new initiative which has the opportunity to make a profound difference."
The Rt Rev Michael Colclough, Canon Pastor of St Paul's Cathedral and a member of Chapter, added: "This has been an enormously difficult time for the Cathedral but the Chapter is unanimous in its desire to engage constructively with the protest and the serious issues that have been raised, without the threat of legal action hanging over us. Legal concerns have been at the forefront in recent weeks but now is the time for the moral, the spiritual and the theological to come to the fore."
Additions
Corporation of London pauses legal moves
Published: November 01, 2011 16:09
by
4.00pm
The City of London Corporation has joined St Paul's Cathedral in suspending its legal action against the Occupy London protesters.
Guardian reports: A spokeswoman for the Corporation just confirmed that the authority has "pressed the pause button" on legal action against the demonstrators.
Actual statement says "'pause' button overnight"
Published: November 01, 2011 16:22
by
jay
01 November 2011
City of London Corporation presses ‘pause’ button on St Paul’s legal action
Stuart Fraser, the City of London Corporation’s Policy Chairman, said today:
‘The Church has changed its standpoint and announced it is suspending legal action on its land.
Given that change, we’ve pressed the ‘pause’ button overnight on legal action affecting the highways – in order to support the Cathedral as an important national institution and give time for reflection.
‘We want to leave more space for a resolution of this difficult issue – while at the same time not backing away from our responsibilities as a Highway Authority.
‘We’re hoping to use a pause – probably of days not weeks – to work out a measured solution.
‘We will make a further announcement tomorrow lunchtime.’
http://www.cityoflondon.gov.uk/Corporation/media_centre/news_2011/city_stpauls_pause_.htm
Ends
Press enquiries
Greg Williams
Head of Media for the City of London Corporation
Tel 020 7332 1455 Mob 07889 167 205
occupied times says:
Published: November 01, 2011 16:29
by
OTOL
The City of London have suspended legal action against #Occupylsx.
The decision to halt legal proceedings comes after St. Paul’s suspended their own efforts to evict protestors earlier today.
It represents a small victory for occupiers who had expected to be served with an eviction notice today telling them to move on within 48 hours.
Speaking from the occupation, a female occupier who wished to remain anonymous said, “This is good news for us. I think the City have only pulled out because they needed to do it [evict protestors] together with the church”
“Alone, their case is weaker.”
She was not, however, in mood for celebration, “This isn’t over. It buys us some more time, but the City won’t just give up.”
more from occupied times
Published: November 01, 2011 17:47
by
fyi
Church And City ‘Pause’ Eviction Efforts
LONDON (OPC) — Anti-poverty activists in London celebrated Tuesday as St Paul’s Cathedral and city councillors pulled out of plans to break up the protest camp on the church’s doorstep.
More than 250 campers from Occupy London Stock Exchange have held St. Paul’s Square for more than a fortnight after police barred them from the privately-owned Paternoster Square directly outside the exchange.
But both church and state said Tuesday they had “pressed the ‘pause’ button” on legal action to evict the protesters.
St Paul’s Cathedral said in a statement its Chapter – the ruling body of clerics which threatened legal action last week – had unanimously agreed to drop its bid to evict the 300-strong Occupy London Stock Exchange from St Paul’s Square after meeting with Bishop of London Dr Richard Chartres.
The bishop had previously met with protesters Sunday, stressing that the conflict “should not lead to violence.”
But at the time Dr Chartres deflected questions about whether he opposed an inherently violent forced eviction, saying only that he had “no responsibility” in the matter.
The clerics’ legal threats last week had cracked open a rift within the Anglican church, pitting Cathedral heads who said the protest had made its point against grassroots groups who accused the Cathedral of abandoning Christian principles — and the building’s ancient tradition of sanctuary.
Others alleged pressure from the City itself in light of the Cathedral’s dependence on wealthy, well-connected trustees and FUTSE-listed corporate donors: the St Paul’s Cathedral Foundation channeled £1.3m in donations into the Cathedral’s coffers last year: its 10 trustees largely consist of influential financial industry figures, while its biggest corporate donors include Lloyds TSB, ‘wealth management’ firms and the London Stock Exchange itself.
Yesterday the Cathedral’s Canon Pastor Michael Colclough conceded the past fortnight had been “an enormously difficult time” for the church.
“Legal concerns have been at the forefront in recent weeks but now is the time for the moral, the spiritual and the theological to come to the fore,” he said.
The church’s backtrack prompted cheers from protesters at the camp’s lunchtime general assembly — followed a few hours later by a similar statement from the City of London Corporation.
The Corporation – which had sought an eviction order on grounds of obstructing a public highway – said Tuesday night it had “pressed the ’pause’ button” on legal action for the time being.
Chairman Stuart Fraser said they were offering a pause of “days, not weeks” to work out a solution.
The statement follows tense scenes at the council’s planning committee meeting last Friday, where councillors immediately voted 12-4 to eject press and members of the public – including the Occupied Times - before discussing the eviction.
Upwards of 30 protesters sat silently as the resolution passed: only then did protester Ronan McNern break the silence as the 30-odd protesters prepared to leave.
“We’re peaceful protesters — we have a just cause and we have a right to be able to demonstrate,” he said to applause.
Should the Corporation’s eviction bid continue, it is understood Occupy’s lawyers will likely invoke a “lawful excuse” for the camp’s existence under the European Convention of Human Rights.
Legal volunteer James Smith, a law graduate from Leicester university with a background in conveyancing, told the Occupied Times the case would largely centre on whether or not the act of camping was itself a form of protest.
The camp would then be protected under the Convention’s binding right to freedom of expression and peaceful assembly, he said.
The camp has also accepted an offer from human rights monitors Liberty to mediate talks with councillors and clergy.
http://theoccupiedtimes.co.uk/?p=310
By Rory MacKinnon
Legal action not suspended yet.
Published: November 01, 2011 21:49
by
Stroppyoldgit
Just to make things clear, no legal action either by the City, Islington or St. Pauls has been suspended yet, because none has been started -at least not as far as I've heard. They may have suspended their intentions, while they (especially St.Pauls) contemplate the damage to their reputations, but that's all.
There is no such thing as an "eviction notice". Letters asking you to leave and if you don't "legal action will be taken" etc., are not part of the legal process and they don't have to dish out such letters before issuing legal proceedings. Obviously, they think it's good PR for them if they do this. Giving you such a letter is seen by lawyers as being more nicey-nicey than, strictly, they have to.
There are two types of legal action which might be taken: either a claim for possession on grounds of trespass (the bog-standard precedure against squatters) or an injunction.
The latter would be nastier because they would go off the court without telling you ("ex parte") and get an interim injunction, so you don't get a hearing in court. Most interim injunctions stay interim because there is never a hearing about a substantive one. You could hassle for one if you want, but it would be months away, long after eviction, and the other side might demand "security" for their costs (i.e. money up front).
If they chose the latter tactics, they'd look much better in court if they'd formally asked you to leave first with a letter. It does give them a bit of a headache in drafting an injunction in respect of a public space without physical barriers. It would have to be against doing specific things, such as camping or "demonstrating" (whatever that means).
An ordinary possession order would be simpler. It would almost certainly be in the High Court. It would result in a writ ordering the Under-Sheriff of Greater London (in practice a bunch of hired thugs in boiler suits, with police assistance) to "recover possession" and return it to the Claimant.
No, this isn't unwise free advice for Islington, the City or St.Pauls. Not telling them anything they don't know already.
Keep on occupying!
finsbury square update wed 2nd nov
Published: November 02, 2011 15:49
by
update
Wednesday 2 Nov. Update
http://www.occupylfs.org/2011/11/02/wednesday-2-nov-update/
Three representatives from Islington Council inspected the site today and informed us verbally that though we are trespassing on Council land there is currently no intention on behalf of the Council to begin formal proceedings to evict the camp.
We were informed however, that by Monday at the latest, we will be receiving an informal letter which “is currently being drafted”. The letter will include recommendations relating to Health and Safety and other issues that are commonplace for encampments such as ours.
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Last update from Finsbury Square
Just to be clear because the title refers to occupationS in the plural:
Occupy Finsbury Square is being dealt with by Islington council.
Yesterday on 31st Oct OccupyLFS were told by Islington council that they are trespassing (on finsbury square which is council owned). The council said they intend to serve a letter stating this and giving 24-48 hrs to leave (NB they don't have to at that point). Then they could be served notice to appear in court in maybe a couple of weeks.
The latest notice on OccupyLFS website yesterday says:
"This morning Islington Council requested that we leave Finsbury Square. They will be issuing a formal letter to this effect. They have not taken any legal action at this stage."
http://www.occupylfs.org