20
CONNORS v. THE UNITED KINGDOM JUDGMENT
in the interests of national security, public safety or the economic well-being of the
country, for the prevention of disorder or crime, for the protection of health or morals,
or for the protection of the rights and freedoms of others.”
68. The parties were agreed that Article 8 was applicable in the
circumstances of this case and that the eviction of the applicant from the site
on which he had lived with his family in his caravans disclosed an
interference with his right to respect for his private life, family life and
home.
69. The parties were also agreed, in the context of the second paragraph
of Article 8, that the interference was “in accordance with the law” and
pursued a legitimate aim, namely, the protection of the rights of other
occupiers of the site and the Council as owner and manager of the site.
70. The question remaining for examination by the Court is whether the
interference was “necessary in a democratic society” in pursuit of that aim.
A. Whether the interference was “necessary in a democratic society”
1. The parties’ submissions
(a) The applicant
71. The applicant contended that his eviction from the site interfered
unjustifiably with his rights under Article 8 of the Convention, as being
unnecessary and disproportionate, in particular as he was not given the
opportunity to challenge in a court the allegations made against him and his
family. He denied that he or members of his family living on the plot had
breached any term of the licence as alleged by Council officers and stated
that he had no control over the conduct of visitors to the site, such as his
adult sons or Michael Maloney. There was significant support for his family
from other occupiers of the site which contradicted the situation as
described by the Council. He disputed that it was reasonable or
proportionate to evict him and his family for reasons relating to other adults.
The Council failed to use other methods to control the alleged
misbehaviour, such as injunctions or committal proceedings against those
adults who were committing the damage or nuisance and appeared to make
no distinction concerning the occupation of the two plots, 35 and 36. Nor
when the applicant gave undertakings in court on 14 April 2000 did the
Council apply for enforcement measures in respect of alleged breaches.
72. Contrary to the Government’s assertions, the applicant submitted
that he had no means of requiring the Council to substantiate its allegations
against him and thereby resisting the revocation of his licence or preventing
the eviction. There was extensive dispute as to the facts and allegations
which could not be tested in the summary proceedings or in the judicial