R (on the application of James Casey and others) v Crawley Borough Council and Office of the Deputy Prime Minister
Language: English Publication details: 2006Subject(s): Online resources: Summary: [2006] EWHC 301 (Admin), 1 March 2006. Concerns the reasonableness of a local authority's action in deciding to issue possession proceedings against travelers who had encamped on land so as to cause nuisance to others. Application by CA for judicial review of the decision by CR to issue possession proceedings against them in respect of two areas of land. CA argued that CR had acted Wednesbury unreasonably in reaching its possession proceedings decision and their eviction would contravene their Convention rights Art 8. "Held": application refused. CR had taken all material considerations into account and had not acted perversely or Wednesbury unreasonably in its decision. The absence of an alternative site did not bar a local authority from obtaining possession against a trespasser on an unauthorised site where its decision was reasonable in other respects.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 133716-2001 |
[2006] EWHC 301 (Admin), 1 March 2006. Concerns the reasonableness of a local authority's action in deciding to issue possession proceedings against travelers who had encamped on land so as to cause nuisance to others. Application by CA for judicial review of the decision by CR to issue possession proceedings against them in respect of two areas of land. CA argued that CR had acted Wednesbury unreasonably in reaching its possession proceedings decision and their eviction would contravene their Convention rights Art 8. "Held": application refused. CR had taken all material considerations into account and had not acted perversely or Wednesbury unreasonably in its decision. The absence of an alternative site did not bar a local authority from obtaining possession against a trespasser on an unauthorised site where its decision was reasonable in other respects.