Monday, March 03, 2003
INJUNCTION TO STOP PONDS RESTORATION
A Local resident sought an injunction to stop the tree felling at the ponds. He was erroneously granted and exparte hearing and temporary injunction last week. At Lambeth County Court today Mlonday 3rd. March the case was struck off as there exists no Private Law Right to seek an injunction as the individual's rights have not been affected or compromised. The only redress is to establish an prima facie case that a breach of the 1981 Countryside and Wildlife Acthas taken place. This is Criminal Law and not civil law and the individual would need to persuade a Bobby to go and feel someone's collar.
A Local resident sought an injunction to stop the tree felling at the ponds. He was erroneously granted and exparte hearing and temporary injunction last week. At Lambeth County Court today Mlonday 3rd. March the case was struck off as there exists no Private Law Right to seek an injunction as the individual's rights have not been affected or compromised. The only redress is to establish an prima facie case that a breach of the 1981 Countryside and Wildlife Acthas taken place. This is Criminal Law and not civil law and the individual would need to persuade a Bobby to go and feel someone's collar.
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