Michael Walsh KC secures newcomer injunction for Spitbank Fort

The High Court has granted a newcomer injunction preventing urban explorers from trespassing on Spitbank Fort, which is one of four sea forts in the Solent built in 1878. Edwin Johnson J accepted that there was a compelling need for an injunction to prevent trespassers risking their lives by travelling out to the Fort on paddle boards and ribs and then posting their exploits across a range of social media platforms. The Court noted that dangers such as challenging sea conditions, shipping traffic, dangerous means of access, the risk of becoming trapped, and a host of other hidden hazards justified the injunction.

The injunction has been granted for a period of 5 years, which will be reviewed annually by the High Court.

Spitbank Fort was owned by the Ministry of Defence until 1982, after which it was a museum until 2009. In 2012, it underwent major refurbishment and was opened as a spa hotel, but closed again in 2020 due to the COVID pandemic.

Michael Walsh KC was instructed by Hannah Dare at Steele Raymond LLP