At the Manchester Civil Justice Centre this afternoon, Manchester Metropolitan University and Manchester City Council were granted a possession order on land at Oxford Road currently occupied by The Ark homeless camp.
The hearing was a resumption of Monday's chaotic court case in which campaigners supporting the homeless camps on King Street and Oxford Road had no legal representation to defend a possession order against `persons unknown' (see previous Salford Star article click here).
Today, with a named defendant and free legal representation courtesy of counsel Joe Markus, instructed by Simon Pook of Robert Lizar solicitors, an adjournment was immediately called for, so that legal aid could be sought. Markus explained that his client was at a "substantial disadvantage" pitted against the legal team of "two large corporations" Manchester Metropolitan University and Manchester City Council.
He brought up issues ranging from the right to a fair trial, to the lack of adequate time to prepare a defence, to the plight of the people living at The Ark, which is their home.
However, as 30,000 students are set to descend on Manchester Metropolitan University in the coming weeks, bosses are desperate to clear the homeless camp, situated on land it leases from Manchester City Council. Its legal team, opposing an adjournment, argued that "it's clear there will be risks to hygiene and health and safety" and that it "may cause the students to be unsafe".
The argument was countered by Markus, who explained about "significant support" The Ark has from petitions, Facebook groups and the general public, including students and lecturers from MMU... "There's no evidence of nuisance or annoyance" he said, adding that if the camp's residents were evicted they would be "moving from a safe space to a likely dangerous location".
The theme throughout the hearing was whether there was a reasonable chance of defending a claim for a possession order and thus getting legal aid. The judge concluded that there was "not an entitlement to be represented", that the defendant was "not likely to get legal aid" and that "any claims of trespass need to be resolved in a timely manner".
The judge refused an adjournment and granted the possession order on land currently occupied by The Ark, although not the full extent of areas wanted by the claimants. He also subsequently refused an appeal against his decision. Legal representatives are now to apply to a higher circuit judge for an appeal, and the judge granted a six day stay of execution for this to happen - by noon 16th September.
As an appeal is to be lodged, legal representatives couldn't comment on the case however, after the court hearing, The Ark had a visit of support from top Manchester poet Lemn Sissay, who was elected Chancellor of Manchester University this summer. As the inspirational University leader posed for photos, he didn't appear to be `unsafe', nor in fear for his `health and safety' and `hygiene'...
* The fate of the King Street camp was to be decided by the judge at a later hearing
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