Eviction of Rosie

1

• Eviction of Rosie

• Public Law Challenges
• Factors to Consider
• Human Rights Considerations
• If the land is disused, and the level of
  nuisance is controllable, toleration should be
  considered (2004 Encampment Guidance, R v
  Lincolnshire CC ex p Atkinson.)
• When evicting, it is necessary to consider the
  welfare of those being evicted, including
  providing housing for them.
• R v Carmarthenshire County Council ex parte
  Price - If their commitment to the traditional
  lifestyle would lead to difficulties in living in
  normal housing, eviction will be quashed. If so,
  the flat will not be sufficient need to provide
  an area for her to live in a caravan.
• These considerations need to be weighted up
  against possible Health and Safety issues
• Therefore
• More information needed regarding the
  disturbances that Rosie is causing.
• Has Rosie ever lived in a house, and if so,
  when?
• Is there a more suitable site that can be
  established for the use of Gypsies?
• Will the land be put to any use if Rosie is
  evicted?

2
Eviction of Rosie

• Possible Eviction Procedures
• Civil Procedure Rules Part 55
• Need to serve claim form, particulars of the
  claim, and witness statements to Rosie.
• Not less than 5 days before the hearing date
• If there is no defence to the claim, court must
  order possession forthwith, but NEW WELFARE
  CONSIDERATIONS MUST BE TAKEN INTO ACCOUNT
• Criminal Justice and Public Order Act 1999
• Local Authority may require people living in
  vehicles on unoccupied land to leave.
• Written notice addressed to all occupiers must
  be provided.
• If they fail to leave as soon as practicable,
  liable on summary conviction for up to a Level 3
  fine
• If they do not leave, magistrates may make an
  order requiring removal, which the local
  authority is to bring about not more than 24
  hours after the court notice is served.