TRF Forums

It is currently Mon Dec 18, 2017 9:51 am

All times are UTC [ DST ]




Post new topic Reply to topic  [ 2 posts ] 
Author Message
 Post subject: Appealing against a TRO at the High Court. Help please!
PostPosted: Sun Dec 12, 2010 11:25 pm 
Offline
125cc

Joined: Sun Oct 11, 2009 6:39 pm
Posts: 184
Location: London
Dear All

The Councillors of Surrey County Council are pressing ahead with their TROs on BOATs 538 and 539 (West Horsley) despite 258 objections AND the Council Officials' report recommending that a TRO is not the appropriate course of action - more of that on this thread:
http://www.trf.org.uk/forum/viewtopic.php?f=34&t=2776
and on the Surrey TRF Forum:
http://surreytrf.free-forums.org/1-vt516.html

There is still a chance they decide not to go ahead, in March; or they may decide to go for a Public Inquiry. But if they go ahead.... the very last chance to appeal (I think) is to go to the High Court.

The TRO is being made using the Road Traffic Regulation Act 1984. Schedule 9 Part VI Section 35 states that:

If any person desires to question the validity of, or of any provision contained in, an order to which this Part of this Schedule applies, on the grounds—
(a)that it is not within the relevant powers, or
(b)that any of the relevant requirements has not been complied with in relation to the order,
he may, within 6 weeks from the date on which the order is made, make an application for the purpose to the High Court or, in Scotland, to the Court of Session.
http://www.legislation.gov.uk/ukpga/1984/27/schedule/9/paragraph/35

I'm presuming "this Part of this Schedule applies".

Does anyone know, or even better, have experience of going to the High Court to contest a TRO? Is it possible to do this unrepresented?

I think we could win on the same grounds as the LARA case last year, based on Section 122 and the failure to conduct an adequate balancing exercise, to weigh up the duties under Section 122 and the exercise of their Power to make the TRO.

Any help / suggestions gratefully received.

Steven Taylor
Surrey TRF

_________________
Steven Taylor
Chairman, South London and Surrey TRF
http://www.surreytrf.org.uk/


Top
 Profile  
 
 Post subject: Re: Appealing against a TRO at the High Court. Help please!
PostPosted: Mon Dec 13, 2010 10:18 am 
Offline
650 cc Monster

Joined: Fri Apr 03, 2009 3:08 pm
Posts: 4439
I suggest a call to Robin, and no further public discussion either here or on the members' area until you have.


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 2 posts ] 

All times are UTC [ DST ]


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Powered by phpBB © 2000, 2002, 2005, 2007 phpBB Group. Color scheme by ColorizeIt!