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Greenwich LBC v Powell and Another

Language: English Series: All England Law Reports ; (1989) 1 ALL ER 65-71(7)Publication details: 1989Subject(s): Summary: HL 8 December 1988. An appeal by Greenwich LBC against a CA decision, allowing an appeal by the defendants, Mr G. Powell and Mrs H. Powell (P), from an order for possession of their caravan pitch made in the County Court. Briefly, P occupied a pitch on a caravan site in agreement with the council. In 1986, the council gave P four weeks notice to quit , and in November 1986, the council instituted possession proceedings. In defence, P had pleaded that the site was a " protected site " within the Mobile Homes Act 1983 s5(1) . At issue was whether the Thistlebrook site was a protected site as defined by this section of the Act. The County Court judge held that it was not and made an order for possession. P appealed and the CA held that it was, and allowed the appeal. The council appealed to the HL. Held, allowing the council`s appeal, that a site remained "a caravan site providing accommodation for gipsies" and was not a "protected site" within the Mobile Homes Act 1983.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS40262 (Browse shelf(Opens below)) 1 Available 22623-1001

HL 8 December 1988. An appeal by Greenwich LBC against a CA decision, allowing an appeal by the defendants, Mr G. Powell and Mrs H. Powell (P), from an order for possession of their caravan pitch made in the County Court. Briefly, P occupied a pitch on a caravan site in agreement with the council. In 1986, the council gave P four weeks notice to quit , and in November 1986, the council instituted possession proceedings. In defence, P had pleaded that the site was a " protected site " within the Mobile Homes Act 1983 s5(1) . At issue was whether the Thistlebrook site was a protected site as defined by this section of the Act. The County Court judge held that it was not and made an order for possession. P appealed and the CA held that it was, and allowed the appeal. The council appealed to the HL. Held, allowing the council`s appeal, that a site remained "a caravan site providing accommodation for gipsies" and was not a "protected site" within the Mobile Homes Act 1983.