Bob Thwaites, 79, returned from a shopping trip on May 6 to find his home—a caravan on the banks of the Swanscombe Peninsula in north Kent—had been demolished by Land Logical, which had acquired Swanscombe Development LLP, the company that owned the land. All his possessions were destroyed, including the ashes of his late son.
Mr Thwaites had lived off-grid in the creekside caravan for 35 years, since his marriage broke down in 1991. At Dartford County Court on September 30, he asked for an interim injunction allowing him to return to the site with a replacement caravan while the wider legal dispute is decided. David Forsdick KC represented Mr Thwaites, while Howard Smith was instructed to represent Swanscombe Development LLP.
Legal Arguments Over Land Rights
Speaking before the hearing, Keystone Law Property Litigation partner Ed John stressed that the injunction hearing was not about deciding ownership of the land. He said: 'This case is not just about one man and his home; this case is about the rule of law and human dignity.' He argued that if the developers believed Mr Thwaites had no right to live on the land, they should have applied to Dartford County Court for a possession order rather than removing him themselves. If the occupant then refused to leave, the matter should be referred back to the court for a warrant, allowing county court enforcement officers to carry out the eviction.
Mr John said he had never seen anything like the demolition during his 30 years practising property law. 'I was left open-mouthed when I took the call on the 6th of May,' he said. 'I couldn't believe anyone could do such a thing.' He said Mr Thwaites moved onto the land in 1991 when it had no registered owner. After living there for more than 12 years, he argues that he acquired rights through adverse possession. Mr John suggests those rights became an 'overriding interest' when the land was eventually registered, meaning Mr Thwaites' rights could take precedence over the paper title held by Swanscombe Development LLP. He explained the defendant disputes Mr Thwaites' entitlement to relief and argues he has not established the necessary basis for an immediate mandatory injunction.
Court Hearing Details
During the hearing, Mr Forsdick argued that in every event, the destruction of Mr Thwaites' home was 'unlawful'. 'This was a trespass against my client,' he told Judge Catherine Brown who was presiding over the hearing. He referenced a news article in which Land Logical CEO Nicholas Katz had said Mr Thwaites was 'squatting'. Mr Forsdick argued that by acknowledging he was squatting, evidence implied he would have needed a court order to remove him, which he did not seek. He said: 'If he was squatting there, it can only be under licence or adverse possession.'
Mr Forsdick argued the caravan on Broadness Creek was clearly his client's home, providing aerial evidence from 1999 until 2025 showing it occupying the same position, as well as pictures from over the decades illustrating the grandad's life there. The court heard that Mr Thwaites had been given a key to the gate to the peninsula so he could access his home, which Mr Forsdick says was a 'recognition of his residence'. '[Mr Thwaites had] no issues for 35 years and no evidence of issues for 35 years until Land Logical took over,' he said. The judge was told that the destruction of his home had left the 79-year-old 'traumatised, dislocated and very stressed'. Mr Forsdick noted that the defendant had claimed Mr Thwaites was living in three other places, which he argued was not true. He told the court Mr Thwaites would visit his partner and daughter on some occasions but did not live with them.
Defendant's Response and Next Steps
In response, Mr Smith argued that if he lived on Broadness Creek there was 'no planning permission', 'no council tax was being paid' and 'everything was under the radar'. He accepted the evidence suggested he did stay there, but cast doubt over how long and how often. The defendant's barrister argued that when the Broadness Cruising Club's access was revoked, it 'terminated' Mr Thwaites' right to use the land. Mr Smith said: 'It is our case he does not have any contract to allow him to remain in occupation.' In addition, he argued Mr Thwaites had given inconsistent dates about his alleged occupation. The court heard that if the dad-of-two was permitted the injunction, Swanscombe LLP may incur 'more expensive' insurance costs and that access would need to be restricted to keep the site secure. He urged the judge to dismiss the application for the injunction.
If granted, the injunction would allow Mr Thwaites to return to the land, install a replacement caravan and regain access while the case continues. Judge Brown adjourned the application until 11am on Thursday, October 15, when she is expected to give her decision. Mr Thwaites previously told media the destruction left him feeling 'absolutely dead' inside as he searched through the wreckage for possessions he could salvage. The demolition came after a land dispute between neighbouring Broadness Cruising Club and Land Logical. At the time, Mr Katz said Mr Thwaites had no 'occupational right' to reside on the land and accused him of 'squatting'. MP for Dartford, Jim Dickson (Lab), said he is determined to support Mr Thwaites and his family 'in their fight to get justice'. 'Bob lived peacefully off-grid for over 30 years and his life was changed beyond recognition when his home and belongings were bulldozed in May,' he said. 'This is no way to treat anyone. Proper processes are there for a reason and should be followed. Bob's whole way of life has been destroyed.'
