Court of Appeal declares notice seeking to evict Travellers from temporary site was unlawful [R(SO) v TDC and others]

Article summary

Local Government analysis: This was an appeal against the refusal of the High Court to grant permission for judicial review challenging the service of a section 77 of the Criminal Justice and Public Order Act 1994 (CJPOA 1994) notice on a group of Irish Travellers to evict them from Land at Ramsgate Harbour when they had been invited onto the Land by Thanet District Council. The issue for the court to determine was whether the notice was lawful without Thanet giving reasonable notification of the prior decision withdrawing consent before serving the section 77 notice. The Court of Appeal had allowed the appeal and given permission for judicial review and determined that the giving of the notice was unlawful and quashed the notice due to the failure to give prior notice of the withdrawal of consent Written by Tim Baldwin, Counsel for the appellant at Garden Court Chambers.