Dale Farm Travellers' who Don't Travel

Dale Farm Travellers' who Don't Travel

The so called Travellers' are in the main from Irish stock, most coming from a town in Western Ireland called Rathkele, they own substantial properties in the town, and return each year for four to five week period over Christmas causing great distress and upset to the local residents. Even the cemetery is "taken over" by very large grave monuments in white Italian marble costing tens of thousands of Euros.

There has been an ongoing dispute for years with Basildon District Council because the travellers have put down 51 pitches for mobile homes and caravans on Green Belt land which does not nor will receive Planning Permission. There is no question they are the legal owners of the land.

This case has been heard by every court in England, including the House of Lords (now the Supreme Court) on every occasion the courts have found there have been serious breaches of Planning Law.

Eviction and Enforcement Notices were served by the Local Authority on the Travellers, and a date was set for bailiffs to enforce, this was Monday 19 September 2011. At the last minute an application for an Injunction was made to the High Court without notice to the Council, an injunction was granted with terms and conditions to both parties, but the travellers in my view have not complied, in that people who had left have moved back.

An Injunction is an equitable remedy and thus certain conditions apply to the seeker, "He who seeks equity must come with clean hands" (the travellers hands are very dirty), He who seeks equity must do equity, in other words behave in a reasonable manner. I do not believe the travellers have done so.

The local residents of Crays Hill have suffered greatly from the travellers in their village, they are angry with the Local Authority, and propose a protest march.

If I were advising the Local Authority, I would suggest they apply to the High Court for an Order making the travellers Belligerent Litigants, which would mean they would have to obtain the permission of the Attorney General before any proceeding are issued.

This matter is far from over as an application has been lodged with the High Court for a Judicial Review, and if that fails there are always the European Courts.

I expect you will hear more from me on this subject.

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