TRAVELLERS fighting to stay on the UK's biggest illegal site - at Dale Farm won the latest round of their High Court legal battle today.
A judge ruled that residents of Dale Farm near Basildon in Essex were entitled to an extension of an injunction stopping their evictions until the courts have ruled on the legality of their proposed removal.
The ruling was a blow to Basildon Council, which is also facing other legal action that could prolong yet further its 10-year battle to clear the site, expected to cost some £18 million.
On Monday last week Mr Justice Edwards-Stuart granted a temporary injunction preventing the council from clearing the site - thought to house more than 80 families composed of some 400 individuals - pending today's ruling.
Travellers said they feared evictions would not be carried out lawfully and that council officials would "over-enforce".
Today the judge, sitting at London's High Court, said there were "triable issues in relation to almost every plot" as to whether the steps the council proposed to take came within the terms of enforcement notices being used as the basis for eviction.
He said a further court hearing was necessary to determine the facts, and would be concerned principally with the date of construction of structures on the site the council was proposing to remove or demolish.
The judge said: "This result has come about mainly because the terms of the enforcement notices issued between 2002 and 2004 may not have been sufficiently precisely drawn, although the extent to which this may prove to be the case has yet to be finally determined."
The judge said he would consult lawyers for both sides before drawing up his order "in case there are any factual errors or slips".
Reacting to the news, resident Kathleen McCarthy said: "Every day is a blessing and we feel that at least our arguments are being listened to.
"One thing is certain: we will all stand together. Either we all go or none of us go, we will not let the council divide us."
Travellers have more litigation in the pipeline which could further delay evictions.
They plan to seek a judicial review on the grounds that eviction is "disproportionate" under human rights laws.
Last night the travellers' supporters called on Basildon Council representatives to "return to the negotiating table", saying that continuing the action will only see costs spiral even further out of control.
Campaign group Dale Farm Solidarity said several high-profile figures had offered to mediate, including bishops Thomas McMahon and Stephen Cottrell, UN representatives and local MEP Richard Howitt.
Kate O'Shea, from Dale Farm Solidarity, said: "We call on Tony Ball (council leader) to return to the negotiation table.
"The situation at Dale Farm needs a sensible and common sense approach and we urge all parties to use this pause to find an amicable solution.
"The UN and two local bishops have offered to mediate any talks should this be required, and we urge Tony Ball to accept their offer."
The Gypsy Council echoed the calls, saying it had become clear during Friday's hearing that the site would not necessarily be returned to open countryside even if the eviction went ahead.
A statement said: "Pursuing this eviction would be a bad thing for both sides."
The hearing is continuing.
More follows
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