“Villagers who formed a human barricade to stop travellers building a caravan site near their homes have suffered a further blow after the High Court granted permission for diggers to be brought on to the land.”
Daily Telegraph, 1st July 2010
Source: www.telegraph.co.uk
“A High Court injunction has been won by a council to stop travellers building on land they own in a village.”
BBC News, 21st May 2010
Source: www.bbc.co.uk
“A council has started legal action against a group of travellers who moved into an Essex village in April.”
BBC News,
Source: www.bbc.co.uk
“A Romany gipsy has won a High Court battle allowing him to stay on an illegal travellers’ site, after a judge ruled it would help him beat his heroin addiction.”
Daily Telegraph, 6th May 2009
Source: www.telegraph.co.uk
“There was no conflict between the propositions (1) that there was no formula setting out the factors which could be relied upon by a licensee in support of an argument that the decision of a local authority, operating a site under the provision of the Caravan Sites Act 1968, to serve a notice to quit was one which no reasonable council would have taken, and (2) that the question whether the council’s decision was one which no reasonable person would have made was to be decided by applying public law principles as they would have been developed at common law, and not through the lens of the European Convention on Human Rights.”
WLR Daily, 6th March 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“More than 100 Gypsy families living illegally on greenbelt land in Essex were yesterday told they would be evicted after a senior judge ruled that allowing them to stay would encourage others to follow their lead.”
The Guardian, 23rd January 2009
Soure: www.guardian.co.uk
“A council will not fight a legal challenge by travellers over a building at the Dale Farm site in Essex.”
BBC News, 26th October 2008
Source: www.bbc.co.uk
Doherty v Birmingham City Council
House of Lords
“Although the definition of a ‘protected site’ in section 5(1) of the Mobile Homes Act 1983, in excluding Gypsies from the protection of that Act, was incompatible with an occupier’s right to respect for his home in article 8 of the European Convention on Human Rights, incompatible primary legislation had to be enforced and an occupier’s defence to a local authority’s claim for possession should be remitted to the judge for examination of the question whether the council’s decision to seek possession had been reasonable.”
The Times, 14th August 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“The definition of ‘protected site’ in s 5(1) of the Mobile Homes Act 1983, in excluding gipsies from the protection of the Act, was incompatible with an occupier’s right under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms to respect for his home. The occupier’s case should be remitted to the judge to consider whether the local authority’s decision to seek possession had been reasonable.”
WLR Daily, 12th August 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Court of Appeal
“The loss of their home by a Gypsy family with nowhere else to live was capable in law of being regarded as a very special factor for the purposes of the national guidance issued to local planning authorities and was to be weighed in the balance as between the value society attached to the protection of Gypsy homes against the public value of protecting the Green Belt.”
The Times, 1st July 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“The loss of a gipsy family’s home with no immediate prospect of replacement was capable in law of being regarded as a very special factor within para 3.2 of the Planning Policy Guidance Note 2 issued by the Secretary of State to local planning authorities. It was a factor to be weighed in the balance when considering the value society attached to the protection of gipsy homes against the public value of the protection of the Green Belt.”
WLR Daily, 24th June 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“A race relations group is taking legal action against a businessman who started a petition calling for the eviction of travellers from a car park.”
Daily Telegraph, 27th September 2007
Source: www.telegraph.co.uk
“Gypsy families have lost a High Court battle over plans to make them move to make way for the Olympic village.”
BBC News, 3rd May 2007
Source: www.bbc.co.uk
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