Letter Sent to ERYC Head of Legal Services at 10:53am this morning: From: SPook@robertlizar To: [email protected] Subject: RE: Crawberry Hill Protest - Walkington Date: Tue, 20 Jan 2015 10:53:07 +0000 Dear Sir I write further to your letter and upon being contacted today about of the actions being taken today by the Local Authority. For the voidance of doubt please note: 1. They (the protectors/protesters) have built structures on the land to serve as residential dwellings, for residential use and made their home on the land. 2. For the avoidance of doubt, “home” in this context means a settled home sufficient to engage the defendants’ rights under Art.8, Sched.1, Human Rights Act 1988. If, and insofar as the Particulars of Claim assert that the land does not include residential property, the pleadings are denied. 3. They (the protectors/protesters assert that the Local Authority - as a public authority - must consider the impact that eviction would have on the rights of the people living there under Art.8, Sched.1, Human Rights Act 1998, and must consider the proportionality of any eviction; eviction would be a disproportionate interference with the right to respect for the home - 1.1.Section 6(1) and (3), 1998 Act, make it unlawful for a “public authority” - to act in a manner that is incompatible with Convention Rights, including Art.8(1). 1.2.Eviction from land that constitutes a person’s home is an interference with that person’s rights under Art.8(1). 1.3.The land is the defendant’s home. I urge you to stop any actions that are ongoing at this time and to consider the content of this email and provide a response. Yours Sincerely Mr Simon Pook Solicitor, Head of Prison Law Robert Lizar Solicitors Limited
Posted on: Tue, 20 Jan 2015 11:24:36 +0000
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