London Borough of Brent v Corcoran & Anor [2010] EWCA Civ 774 (08 July 2010)

London Borough of Brent v Corcoran & Anor [2010] EWCA Civ 774 (08 July 2010)

The judge erred in law by failing to properly weigh the seriousness of the breaches of licence conditions, including criminality and harassment, and by misapplying the burden of proof regarding knowledge of criminal activity. The public law defences raised by the licensees were without merit. The statutory equality duties were not engaged on the facts. The Court of Appeal substituted outright possession orders, refusing suspension, as the breaches and subsequent conduct justified immediate enforcement.

Citation
[2010] EWCA Civ 774
Parties
Appellant/respondent: The Mayor and Burgesses of the London Borough of Brent; Respondent/appellant: Margaret Corcoran; Respondent/appellant: Ann O'Donnell
Jurisdiction
England and Wales
Judgment Date
08 July 2010
Procedural Posture
Appeal and Cross Appeal From County Court Possession Proceedings / Court of Appeal Judgment
Outcome
Brent's appeal allowed; licensees' appeals dismissed
Legal Topics
Possession Proceedings, Suspension of Possession Orders, Public Law Defences, Race Relations Act Duties, Disability Discrimination Act Duties, Article 8 ECHR, Caravan Sites Act 1968, Procedural Fairness
Housing Law Public Law Human Rights Law Possession Proceedings Suspension of Possession Orders Public Law Defences Race Relations Act Duties Disability Discrimination Act Duties +3 more

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Parties

The Mayor and Burgesses of the London Borough of Brent

Appellant/respondent

Margaret Corcoran

Respondent/appellant

Ann O'Donnell

Respondent/appellant

Procedural Posture

Appeal and Cross Appeal From County Court Possession Proceedings / Court of Appeal Judgment

Legal Issues

  1. 1 Whether public law defences precluded possession orders against licensees of local authority traveller site
  2. 2 Whether the judge erred in suspending enforcement of possession orders under s.4 Caravan Sites Act 1968
  3. 3 Whether Brent failed to comply with duties under Race Relations Act 1976 and Disability Discrimination Act 1995

Ratio Decidendi

The judge erred in law by failing to properly weigh the seriousness of the breaches of licence conditions, including criminality and harassment, and by misapplying the burden of proof regarding knowledge of criminal activity. The public law defences raised by the licensees were without merit. The statutory equality duties were not engaged on the facts. The Court of Appeal substituted outright possession orders, refusing suspension, as the breaches and subsequent conduct justified immediate enforcement.

Court Disposition

Brent's appeal allowed; licensees' appeals dismissed

Orders

  • Suspension of possession orders deleted; outright possession orders substituted for both pitches
  • If parties cannot agree final form of orders, written submissions to be made within four days