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 a higher duty than the duty to recover possession of land.
Judges:
Nourse LJ, Staughton LJ
Citations:
Gazette 20-Jan-1993, Times 08-Dec-1992
Statutes:
Caravan Sites Act 1968 6(1) 7(1), Caravan Sites and Control of Development Act 1960 24
Jurisdiction:
England and Wales
Citing:
Cited – Avon District Council v Buscott 1988
The grounds on which any application for judicial review are to be based may not be raised as a defence in the civil proceedings unless a private law right has been infringed. . .
Lists of cited by and citing cases may be incomplete.
Local Government, Housing
Updated: 23 June 2022; Ref: scu.89411