Section 77 of the Criminal Justice and Public Order Act 1994 enables a local authority to give a Direction that persons and any others with them leave land remove a vehicle or vehicles and any other property they have with them on the land if “ it appears “ to the authority that persons are fir the time being residing in a vehicle or vehicles within that authority’s area on any land forming part of a highway, on any other unoccupied land, or on any occupied land without the consent of the occupier. In R ( SO ) v THANET DISTRICT COUNCIL ( 2023) EWCA Civ 398 the Court of Appeal hold, at para 34, that the necessary state of affairs must exist at the time when the decision is taken to give the Direction. That is the point at which the authority decides what appears to it to be the case.

This entry was posted on Friday, April 14th, 2023 at 4:49 pm and is filed under Land, Goods and Services. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.