"A mans home is his castle" although he must still fight from the battlements - but the walls can still crumble.
When you have a few moments, grab a very large cold beer, settle back in a comfy chair and have a read of this High Court case ref. trespass. It's legal talk but the mere mortal can follow the thread ok. Note the reference "execution of the King's process". It makes interesting reading.
Another link that gives an interpretive summary of this case is :
Now with ref. to mining it seems to me - The granting of a mining or in particular an exploration licence and the implied or otherwise right of access by the miners to private property cannot be "execution of the king's process" as the miners have to have the landowners permission for access. Otherwise there would be no need for permission.
If the access question is ruled upon by the "mining warden" why then does this right now become "execution of the King's process"?
I have attempted to clarify this without success - maybe it has to be tested in court and I wonder if it already has been - if so does anyone have a link?
Food for thought and the real question is: "is a mans home his castle anymore?".