The University of Birmingham is seeking an injunction against the pro-Palestine protest camp

The University of Birmingham is taking a High Court challenge against a pro-Palestinian protest camp in a bid to end the occupation of a campus green space.

Lawyers for the educational institution are asking a judge to issue a seizure order over the ‘Green Heart’ outdoor area at its Edgbaston campus, which was the site of the demonstration in early May.

The university claims the protesters are trespassing on private land and have created “a substantial risk of public disturbance and serious injury to persons and property,” as well as “significant financial loss and disruption of University operations,” the court said.

It complains other students have been denied a “valued and used outdoor space”, claiming it has affected open days and plans for 28 graduation celebrations and other events.

A British-Pakistani Muslim student defending against an attempt to remove the camp says students have taken action over the university’s alleged “complicity” in “genocide” in conflict-torn Gaza through its links to arms firms.

Mariyah Ali, 20, from Walsall, claims she faces discrimination because of her “display” of her religious and philosophical beliefs, a judge was told.

Lawyers representing Ms Ali say the protest is peaceful, has legitimate aims, and potential disruption is “modest” as schooling has ended for the summer.

At a hearing on Thursday, a judge heard that the university obtained a possession order last month over an area of ​​campus called “Chancellor’s Court”, with a camp there since dismantled.

University bosses now want a similar order against Ms Ali and “persons unknown” over the Green Heart occupation, as well as orders covering its Exchange building in central Birmingham and its Selly Oak campus, where there are currently no such protests.

It comes after the London School of Economics received a court order indefinitely banning encampments in one of its buildings after students slept in its atrium for more than a month in support of Palestine.

Dr Nicola Cardenas Blanco, the University of Birmingham’s director of legal services, said in a written witness statement on June 21 that it has “a long history of authorizing events on campus in recognition of the importance of the rights to freedom of expression and assembly . “.

She said she had tried to end the protests “in a diplomatic and peaceful way” and that the decision to take legal action was “not taken lightly”.

“It was in no way motivated by the fact that the camp was related to pro-Palestinian beliefs,” she added.

Dr. Blanco said the protesters from Chancellor’s Court moved into the Green Heart camp, on June 20 there were about 83 tents or gazebos in the green space.

The direct costs to the university of the occupation were just under £22,000, the court was told, with the relocation costs of the affected graduation festivities coming in at £195,000.

Dr Blanco said “exclusionary behavior and property damage” led to the Chancellor’s Court repossessing, adding of Green Heart: “The University remains concerned that the situation will deteriorate further if the camp is not brought to an end now.”

In her written witness statement, Ms Ali said the university had “demonstrable links” to companies such as defense firm BAE Systems that were “involved in the death and destruction in Gaza” and it was its “moral duty” to express. views.

She claimed: “We believe the university wants the land back to prevent us from expressing ourselves visibly and confronting their conscience and reputation with their investment and partnership complicity in what is genocide. They want to suppress the manifestation of our faith.”

In written arguments, the university’s legal team denied the alleged complicity.

The university’s Katharine Holland KC wrote that the occupation sought to “force the plaintiff to surrender to its demands”, adding that freedom of expression “does not take precedence” over its property rights.

Liz Davies KC, representing Ms Ali, said in written documents that the university “did not actively negotiate with the occupiers but rather focused on eviction”, adding that it “disregarded their rights to freedom of expression” .

She claimed Vice-Chancellor Adam Tickell had refused to meet with protesters while the camp continued.

The lawyer said the university made it a prerequisite for students to attend without masks and “refused to give them safeguards against disciplinary action for allowing meetings to take place.”

Lawyers for the university said in court documents that it had previously been unable to identify other protesters.

Ms Davies said it was “proportionate” for the Green Heart protest to continue, adding there had been no complaints of violence or threats and no evidence of disruption to staff and students.

The hearing before Mr Justice Johnson is due to conclude on Thursday, with a decision to be made at a later date.