Two travelling showmen face possible imprisonment if they do not remove their caravans and equipment from a site in Alford by 4.30pm on Monday. This follows an Appeal Court ruling refusing to allow them extra time for an appeal.
Shane Hayes and Steven Traylen have been ordered to vacate land known as Fairhaven Showman’s Site in Horsham Road, Alford. Failure to comply with this injunction could result in their committal to prison.
Following last week’s High Court refusal to allow a suspension of the injunction, the Court of Appeal has today denied the showmen permission to challenge a decision that the local council had done everything possible to find them suitable accommodation. If permission had been granted, the showmen would have been able to remain on the site pending the appeal.
Dismissing the challenge, Carnwath LJ said: “I can find no arguments that the authority have failed to discharge their duty. Unfortunately, there is no way by which it seems these applicants’ genuine needs can be met in the way they wish them to be met.”
He added that it is likely to be very difficult for the council to decide how to deal with the issue once the requirement to vacate becomes effective at 4.30pm on Monday, but that it was not a matter for the Court of Appeal.
The showmen’s counsel, Marc Willers, indicated his clients hope to launch a second appeal to Stanley Burnton J’s decision to grant the injunction, possibly as early as next week.
Kayes v Waverley Borough Council; Traylen v Waverley Borough Council Court of Appeal (Carnwath LJ) 14 March 2003.
References: PLS News 14/3/03
