Judge rejects travellers' legal bid

Actress Vanessa Redgrave (right) comforts Jean Sheridan outside at the High Court in London after their legal defeat
12 April 2012

Lawyers have failed in a last-ditch attempt to prevent the eviction of families from the UK's largest unauthorised traveller site.

They had applied for a temporary injunction to stop Basildon Borough Council evicting the families from Dale Farm in Essex from midnight.

The case hinged on the circumstances of 72-year-old Mary Flynn who suffers breathing problems and uses an electric nebuliser.

The High Court in London on Wednesday dismissed the application. But Basildon Borough Council gave a legal undertaking to review fresh medical evidence relating to Mrs Flynn before proceeding against her.

Mr Justice Kenneth Parker said that 2009 proceedings in the Court of Appeal relating to Dale Farm were of "crucial significance".

That court had concluded that the council's decision to enforce was entirely lawful in that the Article 8 rights had been considered a number of times and the proper procedure followed.

He rejected the claim that a further step had to be taken enabling specific individuals facing enforcement to have access to an independent tribunal.

He said: "It is in the public interest that there should be finality to litigation and only exceptionally can decisions and judgments which have been determined by the courts (be) reopened."

Refusing the injunction he said the only aspect which gave him some concern was medical evidence received on Tuesday of significant deterioration in Mrs Flynn's condition since the Court of Appeal decision.

The judge was told by lawyers for the council that this fresh material would be considered before proceeding against her. The judge refused permission to appeal, although lawyers for the travellers can apply directly to the Court of Appeal.

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