FORTIFY SOLENT LIMITED V PERSONS UNKNOWN CLIMBING UPON, OR OTHERWISE ENTERING, OCCUPYING OR REMAINING ON SPITBANK FORT WITHOUT THE CLAIMANT’S PERMISSION

Steele Raymond LLP act on behalf of Fortify Solent Limited, the owner since 2024 of Spitbank Fort.

Tomorrow at 10.30am at the Royal Courts of Justice, Chancery Division in the Urgent Application list, the court will hear our application on behalf of Spitbank Fort for an injunction against persons unknown, climbing upon on otherwise entering, occupying or remaining on Spitbank Fort without the Claimant’s permission. Michael Walsh KC will appear on behalf of Fortify Solent Limited.

The claim is for an injunction to restrain future acts of trespass in relation to Spitbank Fort, situated in the Solent, near Portsmouth (“the Property”).

The Property is a Grade II listed sea fort completed in 1878 and is one of four similar Napoleonic era forts. In recent years, it has been the subject of persistent unlawful entry by so-called “urban explorers.” These individuals actively seek out and access man-made structures, particularly those not open to the general public, for recreational exploration and the creation of social media content. The publication of such incursions online, often for profit or recognition, has, on multiple occasions, resulted in damage to the Property.

Spitbank Fort was owned by the Ministry of Defence until 1982.  It was then opened to the public as a museum until 2009, after which it was converted into a luxury hotel in 2012. It closed in 2020 due to the COVID-19 pandemic.

The encouragement of trespass is evident in the publicly available comments on social media posts, with numerous users expressing the intention to visit, stay overnight, or even squat at the Property. On Facebook some users have discussed kayaking to the Property for such purposes.

The injunction is sought as Katherine Bradbury, director of the Claimant is deeply concerned that unless there is a meaningful deterrent in the form of an injunction then persons unknown will continue to risk their lives to trespass on the Property. There are no further physical measures the Claimant can deploy to deter unauthorised visitors and so an injunction is a last resort.

Further information can be requested from Steele Raymond LLP by contacting Greg Lear at Steele Raymond LLP (greglear@steeleraymond.co.uk). 01202 204564.