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Wychavon District Council v Rafferty and others

Language: English Publication details: 2006Subject(s): Online resources: Summary: [2006] EWCA Civ 628, 27 April 2006. Considers whether an injunction preventing a family of Romany gypsies from stationing their caravans on land should be varied or not. Appeal by R against a decision refusing to amend an injunction obtained by W. R had applied for planning permission to use the land to station a number of mobile homes and caravans after an injunction had been obtained to restrain him from doing this. R lodged an appeal when the application was turned down, contending that the judge been mistaken in not varying the injunction by following "Mid-Bedfordshire DC v Brown"([2004] EWCA Civ 1709, unreported) which could be distinguished factually from the instant case and by not appreciating the merits of the planning appeal. "Held": appeal dismissed. It was of no consequence that the facts of "Mid-Bedfordshire DC v Brown" were distinguishable from the facts in the instant case. The principle of the above case applied. There was nothing perverse in the judge's assessment of the planning appeal which he deemed to have no real prospect of success.
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Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 133584-2001

[2006] EWCA Civ 628, 27 April 2006. Considers whether an injunction preventing a family of Romany gypsies from stationing their caravans on land should be varied or not. Appeal by R against a decision refusing to amend an injunction obtained by W. R had applied for planning permission to use the land to station a number of mobile homes and caravans after an injunction had been obtained to restrain him from doing this. R lodged an appeal when the application was turned down, contending that the judge been mistaken in not varying the injunction by following "Mid-Bedfordshire DC v Brown"([2004] EWCA Civ 1709, unreported) which could be distinguished factually from the instant case and by not appreciating the merits of the planning appeal. "Held": appeal dismissed. It was of no consequence that the facts of "Mid-Bedfordshire DC v Brown" were distinguishable from the facts in the instant case. The principle of the above case applied. There was nothing perverse in the judge's assessment of the planning appeal which he deemed to have no real prospect of success.