4
CONNORS v. THE UNITED KINGDOM JUDGMENT
possession stated that the defendants were in occupation without licence or
consent. In the witness statement dated 17 March 2000, the site manager
referred to Clause 18 of the licence agreement and asserted that the
defendants had breached the licence agreement and that he had given them
notice to quit. No particulars of breach were given. He also asserted that the
necessary investigation into the needs of the defendants had been made in
accordance with the guidelines set out in the Department of the
Environment Circular 18/94.
19. The applicant disputed that they were in breach of Clause 18, that
any possible alternative approaches had been taken to any problems and
also that any appropriate enquiries had been made into their welfare.
20. At this stage, the applicant’s family consisted of his children Charles
aged 14, Michael aged 13, Daniel aged 10 and Thomas aged 4 months.
Thomas had been suffering from serious illness, with kidney problems and
rashes of unknown origin, while the applicant’s wife, who was asthmatic,
had suffered several attacks requiring visits to hospital. The applicant
himself had been having chest pains and was awaiting a hospital
appointment. Daniel had settled well into full-time education at the nearby
primary school, and the others were receiving assistance, including teaching
at home.
21. The Council served further witness statements containing particulars
of the allegations of nuisance. These were disputed by the applicant. They
related largely to Margaret and Michael Maloney on Plot 36.
22. On 14 April 2000, the summary possession proceedings were
adjourned pending the determination of the applicant’s application for
permission to apply for judicial review of the Council’s decision to
determine the licence of his plot which had been lodged on 10 April 2000.
During the hearing, Margaret and Michael Maloney indicated an intention
to leave the site. As the bulk of the complaints were against them, the
applicant stated that the Council were requested to review its decision to
terminate the licence of the applicant and his family.
23. On 12 May 2000, the High Court refused permission to apply for
judicial review. The judge noted that the applicant’s counsel accepted that
the necessary investigations had been carried out by the Council and
rejected as unarguable the contention, as regarded procedural fairness, that
the applicant had not been given prior warning of the threat of eviction.
24. On 16 May 2000, the applicant applied to the Director General of
Fair Trading for a ruling that the terms of the licence agreement were unfair,
in particular that Clause 18 was unfair in holding him responsible for the
actions of visitors whom he could not reasonably be expected to control.
25. The Council took the decision to proceed with the eviction. It
dropped the allegations of breach of licence and asserted a right to summary
possession on the basis that the family were trespassers as permission to
occupy the land had been withdrawn. On 19 June 2000, the County Court