England and Wales Case Law

Sophie Catherine Mary Dean & Ors v Simon Mitchell & Anor

A site does not need to have a site licence in force to qualify as a 'protected site' under the Mobile Homes Act 1983. However, the exclusion from the 1983 Act of occupiers whose agreements pre-date the grant of planning permission, even where permission is later obtained, is a disproportionate interference with Article 8 ECHR rights and cannot be justified. Section 3 HRA cannot be used to reinterpret the Act to include such occupiers, as this would go against a fundamental feature of the legislation. Accordingly, a declaration of incompatibility is granted.

Source excerpt

• Security of tenure
• Mobile homes act 1983
• Caravan sites act 1968
• Caravan sites and control of development act 1960
• Article 8 echr
• Interpretation under human rights act 1998

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Egan v Basildon Borough Council

Egan v Basildon Borough Council [2011] EWHC 2416 (QB) (26 September 2011)

Interim injunction proceedings concerning Dale Farm enforcement notices. The court held some proposed removals raised triable issues and split key section 178 points.

• Enforcement notices
• Section 178 town and country planning act 1990
• Section 111 local government act 1972
• Caravan sites act 1968
• Judicial review
• Injunctions

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Egan v Basildon Borough Council

Egan v Basildon Borough Council [2011] EWHC 2416 (QB) (26 September 2011)

Interim injunction in a planning enforcement dispute over Dale Farm was continued, with triable issues identified about what the council could lawfully remove.

• Enforcement notices
• Section 178 town and country planning act 1990
• Section 111 local government act 1972
• Caravan sites act 1968
• Judicial review
• Minority rights

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London Borough of Brent v Corcoran & Anor

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

The Court of Appeal upheld Brent’s possession claims against two traveller-site licensees and removed suspension, finding serious licence breaches and no merit in public law defences.

• Possession proceedings
• Suspension of possession orders
• Public law defences
• Race relations act duties
• Disability discrimination act duties
• Article 8 echr

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London Borough of Brent v Corcoran & Anor

Court of Appeal dismissed the licensees’ public law challenges and allowed Brent’s appeal, substituting outright possession orders for suspended orders.

• Possession proceedings
• Licence termination
• Public law defences
• Caravan sites act 1968
• Discretion to suspend possession orders
• Race and disability discrimination duties

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Doran v Liverpool City Council & Ors

The Court of Appeal dismissed an Irish traveller’s appeal against possession proceedings, holding her public law defence unarguable on the facts known to the council.

• Eviction
• Judicial review
• Article 8 echr
• Caravan sites act 1968
• Suspension of possession orders
• Possession-orders

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Doran v Liverpool City Council & Ors

Doran v Liverpool City Council & Ors [2009] EWCA Civ 146 (03 March 2009)

The Court of Appeal dismissed an appeal by a caravan-site occupier, holding that the council’s notice to quit was not unlawfully issued and that no arguable public law defence was shown.

• Eviction
• Judicial review
• Article 8 echr
• Caravan sites act 1968
• Possession proceedings
• Suspension of possession orders

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Hillingdon v Collins & Anor

Hillingdon v Collins & Anor [2008] EWHC 3016 (Admin) (05 December 2008)

Administrative Court case management judgment on possession claims against caravan-site occupiers, applying Doherty and setting a two-stage process for public law and human rights issues.

• Possession proceedings
• Article 8 echr (right to respect for home)
• Article 1 first protocol echr (protection of property)
• Race relations act 1976 duties
• Caravan sites act 1968
• Judicial review/public law defences

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Smith, R (on the application of) v Barking and Dagenham & Anor

Smith, R (on the application of) v Barking and Dagenham & Anor [2002] EWHC (Admin) 2400 (19 November 2002)

The High Court refused to declare Part I of the Caravan Sites Act 1968 incompatible with Articles 8 and 14 ECHR in a challenge over gypsy site tenure.

• Security of tenure
• Discrimination
• Gypsy and traveller rights
• Compatibility with echr
• Judicial review
• Caravan sites act 1968

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Somerset County Council v Isaacs

Somerset County Council v Isaacs [2002] EWHC 1014 (Admin) (24th May, 2002)

The statutory exclusions from security of tenure for gypsies on local authority sites are justified as a proportionate response to a legitimate social need for flexibility in site management, do not inevitably breach Article 8, and do not constitute unlawful discrimination under Article 14 as the distinction is based on the status of the site owner, not personal characteristics. Judicial review provides sufficient procedural safeguard.

Source excerpt

• Security of tenure
• Eviction
• Compatibility with european convention on human rights
• Discrimination
• Judicial review
• Caravan sites act 1968

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