Firstly, the Planning and Development Act 2000 places no express obligation on the prosecution to prove that the “development” is unauthorised. Development, whether of use or of works, is not unauthorised unless it post-dates 1st October 1964.
In the face of power, formally judicial or otherwise, it is necessary to be circumspect.
On 12th January 1943 the German 6th Army was trapped (approximately 190,000 men at that point) at Stalingrad. The Soviet Union had launched counter-offensives code named Uranus and Saturn (followed, later, by Mars).
The job of the police who carry out these investigations is not easy. Every police officer is trained in the giving of evidence. If they do not wish to disclose the true course of events it is easy for them to tailor their account to suit the needs of the situation.
The quality of Lord Bingham’s minority judgment is a predictor that the issue will return and be reversed in the future.
We see it in the abolition of an outrageous assumption; that people of power may beat up other people.
There is also the question of talent. Commonly we “know�? what we have to find out, before we find it out. Fortune favours the prepared mind.
When the “Evening Herald�? published a report in December 2004 about a certain criminal case it would have been hard to foresee the actual consequence of the publication.
For this reason a court has to be very careful in making orders ex parte. The absolute necessity for the making of the order without notification to the respondent must be shown. Considerable damage may be inflicted on the respondent, unfairly, by an order restraining the respondent from acting in some matter or fashion.