Today (17/10/11) at Britain's Court of Appeal Lord Justice Sullivan rejected the Dale Farm residents application for appeal on the grounds that there was no arguable case. In effect this upholds Mr Justice Ouseley's decision of October 12th to deny a Judaical Review into the case. Although I have yet to read a published copy of the Ousely ruling the argument appears to be that although the enforcement action that Basildon Council intends to take is disproportionate because it is unable to remedy the breach of planning law it must go ahead to maintain the integrity of the British legal system.
I believe the correct legal term for this argument is cr*p. It is a matter of routine that British councils are prevented from taking enforcement action if it is unable to provide a remedy. A perfect example is that of Windy Ridge, Len Gridley's property that neighbours Dale Farm. In May 1986 Basildon Council informed the then owner, Mr Gridley Snr that they intended to take enforcement action to demolish a house and remove static caravan from the site as they changed the land use from greenfield to residential. Mr Gridley Snr defied the enforcement notice and on appeal it was ruled that Basildon Council would be unable to demolish the house so the change in land use could not be remedied. As such it was also ruled that enforcement action could not be taken to remove the static caravan that I believe Len Gridley was actually living in at the time. As you've probably noticed this 25 year old ruling neither caused the British legal system to collapse or caused civil society to crumble.
So it seems the only option left open to the Dale Farm residents is to apply to the International Criminal Court for an arrest warrant against Lord Justice Sullivan, Mr Justice Ouseley and any other persons intending to forcibly transfer an ethnic group off Dale Farm. That is unlikely to happen before Basildon Council begin the eviction.
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