Should squatters get Legal Aid?
by David Carter on 24 February 2011
EU citizens who are unemployed or on low income and living in the UK are eligible to apply for Legal Aid. I don’t have a problem with that. However, it does seem amazing to me that an illegal act such as breaking into a property and squatting there should even be considered a suitable case for Legal Aid.
To the despair of one property owner, John Hamilton-Brown, the squatters who broke into and occupied his property have won just that right. He has been granted a possession order but will have to wait for six weeks before he can get a warrant to allow the bailiffs to evict them. His application to have them evicted was thrown out by the squatters’ Legal Aid funded lawyer on a technicality.
Mr Hamilton-Brown was representing himself to save costs and is now looking at a possible further six weeks of damage being done to his property; according to neighbours, the squatter have caused a lot of damage already and are regularly holding parties. The police have been called in several times.
While I feel a great deal of sympathy for Mr Hamilton-Brown, I do believe he should have protected his property investment more carefully by getting legal representation. Had he done so, his lawyer might also have advised him on other alternatives, including a High Court writ of possession for enforcement by High Court Enforcement Officers (which I will cover further in another article).
In fact, Mr Hamilton-Brown may still be able to enforce his current order via HCEOs, without waiting a further six weeks.
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