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Stubbings v Beaconsfield Justices and Another

Language: English Series: Estates Gazette ; 284(6355) 10 October 1987, 223-227(3)Publication details: 1987Subject(s): Summary: CA 11 March 1987. Appeal by plaintiff gipsy (S) from previous decision of Beaconsfield Magistrates (B) and dismissing S`s application for a judicial review. B had convicted S under the Caravan Sites Act 1968 s10 of the offence of, being a gipsy, stationing a caravan on unoccupied land . S submitted that the land in question was never at any material time unoccupied. S had agreed to buy the open land from the previous owner, who had used it for grazing . On entering the land S proceeded to lay hardcore, a concrete base, a wall at the front of the land and a fence at the rear. Shortly afterwards H stationed a mobile caravan on the land. The judge in the previous decision rejected S`s submission based on the definition of " occupier " in the Caravan Sites and Control of Development Act 1960 , holding that the 1960 and 1968 Acts were not in pari materia; he decided that B were entitled to conclude that the land, used only for grazing before the purchase by S, was not occupied land . CA h

CA 11 March 1987. Appeal by plaintiff gipsy (S) from previous decision of Beaconsfield Magistrates (B) and dismissing S`s application for a judicial review. B had convicted S under the Caravan Sites Act 1968 s10 of the offence of, being a gipsy, stationing a caravan on unoccupied land . S submitted that the land in question was never at any material time unoccupied. S had agreed to buy the open land from the previous owner, who had used it for grazing . On entering the land S proceeded to lay hardcore, a concrete base, a wall at the front of the land and a fence at the rear. Shortly afterwards H stationed a mobile caravan on the land. The judge in the previous decision rejected S`s submission based on the definition of " occupier " in the Caravan Sites and Control of Development Act 1960 , holding that the 1960 and 1968 Acts were not in pari materia; he decided that B were entitled to conclude that the land, used only for grazing before the purchase by S, was not occupied land . CA h