April 14th, 2023 by James Goudie KC

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.

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