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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 133584-2001 |
Browsing Virtual shelves, Shelving location: Online Close shelf browser (Hides shelf browser)
| No cover image available | No cover image available | No cover image available | No cover image available | No cover image available | No cover image available | No cover image available | ||
| ONLINE PUBLICATION The Housing Forum launches strategy to increase quantity, quality and affordability of housing | ONLINE PUBLICATION Collette Celine Littman and another v Aspen Oil (Broking) Limited | ONLINE PUBLICATION Copping v Surrey County Council | ONLINE PUBLICATION Wychavon District Council v Rafferty and others | ONLINE PUBLICATION South Bedfordshire District Council v John Price and others | ONLINE PUBLICATION Commission of the European Communities v United Kingdom | ONLINE PUBLICATION Basildon District Council v Wahlen |
[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.