Coates v Dartford Borough Council

Coates v Dartford Borough Council

The judge correctly applied the relevant legal principles and considered all material facts, including Article 8 ECHR rights and alternative accommodation; the appellant knowingly breached the injunction and had options for accommodation, so there are no grounds for appeal and the injunction should not be varied.

Parties
Appellant: Sarah Coates; Respondent: Dartford Borough Council
Jurisdiction
England and Wales
Judgment Date
08 May 2013
Procedural Posture
Appeal / Judgment on Application for Permission to Appeal and Extension of Time
Outcome
Appeal refused; application for permission to appeal and extension of time denied.
Legal Topics
Injunctions, Green Belt, Gypsy and Traveller Accommodation, Article 8 ECHR, Contempt of Court
Land Law Planning Law Human Rights Injunctions Green Belt Gypsy and Traveller Accommodation Article 8 ECHR Contempt of Court

Case Brief

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Parties

Sarah Coates

Appellant

Dartford Borough Council

Respondent

Procedural Posture

Appeal / Judgment on Application for Permission to Appeal and Extension of Time

Legal Issues

  1. 1 Whether the judge erred in refusing to vary an injunction prohibiting residential occupation of land by the appellant
  2. 2 Whether the judge failed to properly consider Article 8 ECHR rights
  3. 3 Whether the judge failed to consider the Council's compliance with government guidance on Gypsy and Traveller sites

Ratio Decidendi

The judge correctly applied the relevant legal principles and considered all material facts, including Article 8 ECHR rights and alternative accommodation; the appellant knowingly breached the injunction and had options for accommodation, so there are no grounds for appeal and the injunction should not be varied.

Court Disposition

Appeal refused; application for permission to appeal and extension of time denied.

Orders

  • The appellant's applications are refused.
  • The injunction stands in the terms of the Order dated 5 October 2011.