Unlawful obstruction: Kate Marlow v DCC

This article is from Signpost, Summer 2012

The society has been watching this case with interest. The following is an extract from District Judge Andrew Davison’s recent judgement at High Peak Magistrates’ Court

In my judgment this is a case where the Derbyshire County Council have at all material times had it within their own power to remedy the unlawful obstruction(s), subject of this application by Ms Marlow – yet they have manifestly failed to act reasonably and proportionately, and having regard to all the circumstances of this long running case, this is a matter which is eminently suitable for a positive exercise of my discretion to award costs to Ms Marlow, payable by the Respondents, which are just and reasonable, and not punitive, in accordance with the statutory power set out in Section 64 of the Magistrates’ Courts Act 1980.

The judge described Kate as a ‘Beacon of commitment and reasonableness to her cause’, attributes the Society holds dear.