Guildford BC v Smith
Guildford BC v Smith
- 1994
- Journal of Planning and Environment Law (1994) JPEL 734-741(8) .
CA 4 October 1994. Injunction granted under s187B restraining gypsies from stationing caravans or mobile homes and from using land as a residential caravan site - contempt of court committed by remaining on land in breach of injunction - whether power to commit to prison if not deliberate defiance - held power to commit even if contempt reluctant but not accidental - an application to commit was not a form of private prosecution - nevertheless the CA refused to interfere with the decision not to commit because of circumstances (from journal abstract)
CARAVAN SITES ACT 1968
CARAVAN SITES
GYPSIES
MOBILE HOMES
TOWN AND COUNTRY PLANNING ACT 1990 S187(B)
CA 4 October 1994. Injunction granted under s187B restraining gypsies from stationing caravans or mobile homes and from using land as a residential caravan site - contempt of court committed by remaining on land in breach of injunction - whether power to commit to prison if not deliberate defiance - held power to commit even if contempt reluctant but not accidental - an application to commit was not a form of private prosecution - nevertheless the CA refused to interfere with the decision not to commit because of circumstances (from journal abstract)
CARAVAN SITES ACT 1968
CARAVAN SITES
GYPSIES
MOBILE HOMES
TOWN AND COUNTRY PLANNING ACT 1990 S187(B)