TRF Forums

Appealing against a TRO at the High Court. Help please!
Page 1 of 1

Author:  StevenT [ Sun Dec 12, 2010 11:25 pm ]
Post subject:  Appealing against a TRO at the High Court. Help please!

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:
and on the Surrey TRF Forum:

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.

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

Author:  Richard Simpson [ Mon Dec 13, 2010 10:18 am ]
Post subject:  Re: Appealing against a TRO at the High Court. Help please!

I suggest a call to Robin, and no further public discussion either here or on the members' area until you have.

Page 1 of 1 All times are UTC [ DST ]
Powered by phpBB © 2000, 2002, 2005, 2007 phpBB Group