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Guildford BC v Smith

Language: English Series: Journal of Planning and Environment Law ; (1994) JPEL 734-741(8)Publication details: 1994Subject(s): Summary: 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)

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)