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Wrexham County Borough v The National Assembly of Wales, Michael Berry, Florence Berry: CA 19 Jun 2003

A traditional gypsy family had settled because of ill health, and sought to establish a caravan site. The authority claimed they were no longer to be treated as Gypsy and having the entitlement under the Act. Held: The Act defined ‘Gypsies’ as persons of nomadic habit. It was a question of fact for each planning … Continue reading Wrexham County Borough v The National Assembly of Wales, Michael Berry, Florence Berry: CA 19 Jun 2003

Telchadder v Wickland (Holdings) Ltd: CA 16 May 2012

The court was asked as to the scope of the security of tenure conferred on occupiers of mobile homes owned by them and stationed under licence on pitches in protected residential sites. The tenant was accused of anti-social behavuour in have paraded in military combat uniform, obscuring his face. The tenant appealed against grant of … Continue reading Telchadder v Wickland (Holdings) Ltd: CA 16 May 2012

Smith (on Behalf of the Gypsy Council) v Buckland: CA 12 Dec 2007

The defendants appealed an order requiring them to leave caravan pitches managed by the council. Held: The court referred to the absence of procedural safeguards to which, in view of their vulnerable position, gipsies were entitled. Citations: [2007] EWCA Civ 1318, [2008] 1 WLR 661 Links: Bailii Statutes: Caravan Sites Act 1968 4 Jurisdiction: England … Continue reading Smith (on Behalf of the Gypsy Council) v Buckland: CA 12 Dec 2007

Horsham District Council v The Secretary of State for the Environment and Another: Admn 13 Oct 1989

The court asked whether a traditional gypsy who had lived permanently on a site for a long time, was a gypsy within section 16 and entitled to be excepted from local planning policy restraint on development. Held: The criterion ‘nomadic way of life’ leads to a certain ambiguity, especially in relation to gypsies who settle … Continue reading Horsham District Council v The Secretary of State for the Environment and Another: Admn 13 Oct 1989

South Hams District Council v Shough and Others: CA 2 Dec 1992

There was a possible duty on a council not to evict trespassers claiming to be gypsies. If the authority had a duty to house the applicants, but failed to provide accommodation in accordance with that duty, it could be wrong to make an order supporting an attempt to evict them. The duty to house was … Continue reading South Hams District Council v Shough and Others: CA 2 Dec 1992

Regina (on the application of Smith) v Barking and Dagenham London Borough Council and another: Admn 19 Nov 2002

The applicants sought to argue that the attempt to evict him from the caravan site he occupied infringed his article 8 and 14 rights. Though the Isaacs case had decided there was good reason to deny security, he argued that was no longer applicable, since many gypsies did not now seek a roving life. Held: … Continue reading Regina (on the application of Smith) v Barking and Dagenham London Borough Council and another: Admn 19 Nov 2002

John Romans Park Homes Ltd v Hancock, Re Morn Gate Caravan Park: UTLC 27 Jul 2018

PARK HOMES – JURISDICTION – whether a mobile home park with planning permission and site licence for mixed seasonal and permanent use is a ‘protected site’ – s.1(1), Mobile Homes Act 1983 – s.1(2), Caravan Sites Act 1968 – appeals dismissed Citations: [2018] UKUT 249 (LC) Links: Bailii Statutes: Caravan Sites Act 1968 1(2), Mobile … Continue reading John Romans Park Homes Ltd v Hancock, Re Morn Gate Caravan Park: UTLC 27 Jul 2018

Regina v Chief Constable for North Wales Police Area Authority ex parte AB and CD etc: Admn 10 Jul 1997

The police have power to release limited information about offenders. In this case known paedophiles were staying at a campsite, and their criminal record was disclosed to the site owner. There was no harrassment under s3 of the 1968 Act. On any duty of confidence: ‘I have great difficulty in accepting that the information which … Continue reading Regina v Chief Constable for North Wales Police Area Authority ex parte AB and CD etc: Admn 10 Jul 1997

Regina v South Hams District Council, ex parte Gibb and Another, Regina v Gloucester Cc, ex parte Davies: CA 8 Jun 1994

The meaning of ‘Gypsy’ under the Act requires some element of travelling, and should include that this was associated with the means of earning a living. In applying the statutory definition of gypsies the actual words used are to be used, taking account of the purpose of the Act and the duty imposed The are … Continue reading Regina v South Hams District Council, ex parte Gibb and Another, Regina v Gloucester Cc, ex parte Davies: CA 8 Jun 1994

Regina v Lincolnshire County Council Ex Parte Atkinson; Regina v Wealden District Council Ex Parte Wales and Others: QBD 3 Oct 1995

A local Authority must make proper welfare enquiries before seeking to remove unlawful campers. The new draconic legislation must be seen in its context. The commons of England provided lawful stopping places for people whose way of life was or had become nomadic. Enough common land survived enclosure to make this way of life still … Continue reading Regina v Lincolnshire County Council Ex Parte Atkinson; Regina v Wealden District Council Ex Parte Wales and Others: QBD 3 Oct 1995

Egan v Basildon Borough Council: QBD 26 Sep 2011

The claimant sought a injunction to restrain the defendant council from executing enforcement notices regarding the use of the claimant’s land for residence by several traveller families. He argued that the council had failed to state its exact intentions on enforcement, and that it was feared that it would exceed the steps necessary for enforcement. … Continue reading Egan v Basildon Borough Council: QBD 26 Sep 2011

Acts

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Doherty and others v Birmingham City Council: HL 30 Jul 2008

The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to an end. He has no enforceable right to … Continue reading Doherty and others v Birmingham City Council: HL 30 Jul 2008

Brightlingsea Haven Ltd and Another v Morris and others: QBD 30 Oct 2008

The caravan park operated under planning consents requiring the caravans to be occupied only during certain months. The defendants had bought their mobile homes from the claimants to occupy full time, and said that the claimants knew of this. The claimants purported to impose new leases with clauses requiring the site not to be occupied … Continue reading Brightlingsea Haven Ltd and Another v Morris and others: QBD 30 Oct 2008