Earl wins High Court fight over woodland claimed by traveller site owner

Judge makes injunction permanent after £100,000 security operation

By LineZotpaper

Published23 October 2026

Read Time2 min

An 83-year-old earl has won a High Court battle over a Wiltshire woodland, securing a permanent injunction against a traveller site owner who claimed to have bought the land and threatened to bring "50 people and 15 dogs" to confront security guards. Mr Justice Marcus Smith declared Kenneth Mackay, the fourth Lord Inchcape, the legal owner of the woods.

Kenneth Mackay, the 83-year-old fourth Lord Inchcape, took legal action after trees were felled and a fence appeared on woodland forming part of his Manor Farm estate at Clyff Pypard, Wiltshire. The court heard that he spent more than £100,000 on dog-handler security guards, CCTV and other surveillance to secure the land after Leeroy Johnstone, who owns a nearby traveller caravan site, laid claim to part of the woods.

Mr Johnstone claimed to have bought the land "fair and square" from a farmer, but refused to provide documents to the earl's solicitors and did not attend the High Court hearing to give his account. He had recently instructed his own solicitors and accepted that judgment should be entered against him, the judge said.

Lord Inchcape's barrister, Joseph Meethan, told the court that Mr Johnstone had threatened to bring "50 people and 15 dogs to the woodland...to fight them" and had harassed the security guards. The "purported sale from an unnamed farmer appears at best suspect," Mr Meethan said.

In his ruling, Mr Justice Marcus Smith found that Mr Johnstone was "the prime mover" in orchestrating the trespass and harassment, with a motivation based on a "completely unfounded assertion to title over the woodlands." He made permanent the injunction barring Mr Johnstone from the land and declared Lord Inchcape the registered owner. He declined, however, to extend the injunction to unknown trespassers, noting that only Mr Johnstone was alleged to have breached the earlier temporary ban, which occurred in September when he came to the earl's house.

"I very much hope that's an end of it," the judge concluded.

Lord Inchcape, a former Royal Lancers officer, bought the Wiltshire estate in 1978. He is a descendant of James Mackay, the first Earl of Inchcape, who led the P&O shipping line. The earl also owns the 12,800-acre Glenapp Estate in Ayrshire.

Analysis

Why This Matters

The judgment resolves a contested ownership claim that led to an alleged campaign of intimidation and forced the earl to spend over £100,000 on security.
It confirms the woodland belongs to Lord Inchcape and places Mr Johnstone under a permanent court order.
The judge said he hoped the ruling ends the dispute, but a previous breach of the temporary ban leaves open the risk of further incidents.

Background

The case is the latest stage in a long-running conflict between the earl and Mr Johnstone, who owns an unauthorised traveller caravan site in the nearby village of Clyffe Pypard. That site has been the subject of a separate planning dispute. In the woodland case, the earl's legal team said the disputed land was part of Manor Farm, which he has owned since 1978.

Land disputes of this kind often turn on the strength of title documents. Here, Mr Johnstone's claim rested on a purported sale by an unnamed farmer, and he never produced the documents he said supported it. The judge described the claim as "completely unfounded."

Key Perspectives

Lord Inchcape: He says he has owned the woodland for nearly 40 years and became aware of the intrusions when trees were felled and a fence was built. He told the court that when Mr Johnstone came to his home in September, his wife refused the request and said any documents should be sent to the family's solicitors.

Mr Johnstone: He did not appear in court or give evidence, but had claimed he bought the land "fair and square" from a farmer. According to the judge, he recently instructed solicitors and accepted that judgment should be entered against him.

The judge: Mr Justice Marcus Smith found Mr Johnstone was "the prime mover" behind the trespass and harassment and said the motivation was a "completely unfounded" assertion of title. He made the injunction permanent but stopped short of covering unknown trespassers.

What to Watch

Whether Mr Johnstone complies with the permanent injunction, having breached the temporary ban in September.
Whether any documentation supporting his ownership claim is produced by his newly instructed solicitors.
The outcome of the separate planning dispute over the traveller site in Clyffe Pypard.

Sources

Mega-rich earl wins £100k fight with traveller site owner over threats to 'invade' his woods · The Independent UK

Checked

12 claims in this story checked against 1 source: 12 supported.

Show each claim

SupportedThe earl won a High Court fight over woodland claimed by a traveller site owner.The Independent UK: “A mega-rich earl has won a £100,000 fight with the owner of an unauthorised traveller site”
SupportedThe judge made the injunction permanent after the earl spent more than £100,000 securing the woodland.The Independent UK: “The bill for securing the woodland - including putting in sophisticated camera surveillance gear - ended up at over £100,000, the court heard.”
SupportedJohnstone threatened to bring “50 people and 15 dogs to the woodland...to fight them”.The Independent UK: “Mr Johnstone - who claimed to have bought the land fair and square "from a farmer" - threatened to bring down "50 people and 15 dogs to the woodland...to fight them" during a "confrontation" with the aristocrat's security guards in July this year.”
SupportedMr Justice Marcus Smith declared Kenneth Mackay the legal owner of the woods and made the injunction against Johnstone permanent.The Independent UK: “the judge went on to make an order declaring that Lord Inchcape is the legal owner of the woods and made permanent an earlier temporary injunction banning Mr Johnstone from the land.”
SupportedMackay is 83 and the fourth Lord Inchcape.The Independent UK: “Kenneth Mackay, the 83-year-old fourth Lord Inchcape”
SupportedJohnstone claimed to have bought the land “fair and square” from a farmer.The Independent UK: “Mr Johnstone - who claimed to have bought the land fair and square "from a farmer"”
SupportedJohnstone did not attend the High Court hearing to give his account.The Independent UK: “Mr Johnstone did not attend court to give his account of the incidents”
SupportedMeethan said the purported sale from an unnamed farmer “appears at best suspect”.The Independent UK: “"The purported sale from an unnamed farmer appears at best suspect," he added.”
SupportedThe judge called Johnstone “the prime mover” in orchestrating trespass and harassment, and said his motivation was a “completely unfounded assertion to title over the woodlands”.The Independent UK: “It’s clear from the evidence that the first defendant [Mr Johnstone] has been the prime mover in terms of orchestrating the trespass and harassment described in the various witness statements before me. ... it does appear as if Mr Johnstone is the prime mover, and his motivation is his completely unfounded assertion to title over the woodlands.”
SupportedThe judge declined to extend the injunction to unknown trespassers because only Johnstone was alleged to have breached the earlier ban, in September when he came to Mackay’s house.The Independent UK: “However, he declined the earl’s bid to extend the injunction to cover any unknown trespassers after noting that only Mr Johnstone is alleged to have infringed the court ban on entry since it was first imposed in August. Mr Johnstone’s alleged breach of the injunction occurred on September 14 when he came to Lord Inchcape’s house”
SupportedThe judge concluded, “I very much hope that’s an end of it.”The Independent UK: ““I very much hope that’s an end of it,” the judge concluded after making the orders.”
SupportedMackay bought the Wiltshire estate in 1978 and also owns the 12,800-acre Glenapp Estate in Ayrshire.The Independent UK: “As well as his farm estate in Wiltshire, which he bought in 1978, the earl also owns the 12,800 acre Glenapp Estate in Ballantrae, Ayrshire”