Compulsory Purchase in UK Law

Leading Cases
  • Smith v East Elloe Rural District Council
    • House of Lords
    • 26 March 1956

    But this argument is in reality a play on the meaning of the word nullity. An Order, even if not made in good faith, is still an act capable of legal consequences. Unless the necessary proceedings are taken at law to establish the cause of invalidity and to get it quashed or otherwise upset it will remain as effective for its ostensible purpose as the most impeccable of Orders.

  • Sovmots Investments Ltd v Secretary of State for the Environment; Brompton Securities Ltd v Secretary of State for the Environment
    • Court of Appeal (Civil Division)
    • 09 July 1976

    (3) Although no question of common intention arises, one must construe the compulsory purchase order and ascertain the intention of the acquiring authority. Camden must have intended to acquire the rights here in question, without which it would be impossible for the maisonettes to be used as houses.

  • Woolfson v Strathclyde Regional Council
    • House of Lords
    • 15 February 1978

    I have some doubts whether in this respect the Court of Appeal properly applied the principle that it is appropriate to pierce the corporate veil only where special circumstances exist indicating that is a mere facade concealing the true facts. Woolfson cannot be treated as beneficially entitled to the whole share-holding in Campbell, since it is not found that the one share in Campbell held by his wife is held as his nominee.

  • Waters and Others v Welsh Development Agency
    • House of Lords
    • 29 April 2004

    Parliament cannot have intended that the acquiring authority should pay as compensation a larger amount than the owner could reasonably have obtained for his land in the absence of the power. For the same reason there should also be disregarded the 'special want' of an acquiring authority for a particular site which arises from the authority having been authorised to acquire it.

    Drawing a distinction between value to the owner and value to the purchaser makes it necessary to distinguish the one from the other. What is relevant, because this may affect the value of the land, is the use the acquiring authority proposes to make of the land it is acquiring. Accordingly, in identifying any enhanced value which must be disregarded it is always necessary to look beyond the mere existence of the power of compulsory purchase.

  • Attorney-General v Blake (pet. all.)
    • House of Lords
    • 27 July 2000

    What the plaintiff has lost is the sum which he could have exacted from the defendant as the price of his consent to the development. It is for this reason that I agree with my noble and learned friend Lord Nicholls that the decision in Wrotham Park Estate Co. Ltd. v Parkside Homes Ltd. [1974] 1 WLR 798 is to be preferred to that in Surrey C.C. v Bredero Homes Ltd. [1993] 1 WLR 1361: see also Jaggard v Sawyer [1995] 1 WLR 269.

  • Fairmount Investments Ltd v Secretary of State for the Environment
    • House of Lords
    • 24 June 1976

    But in this case I am unable, consonant with the essential principles of fairness in a dispute, to uphold this compulsory purchase order. All cases in which principles of natural justice are invoked must depend on the particular circumstances of the cases. I can only say that in my opinion, in the circumstances I have outline, Fairmount has not had—in a phrase whose derivation neither I nor your Lordships could trace—a fair crack of the whip.

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Legislation
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Books & Journal Articles
  • Compulsory purchase
    • No. 32-5, July 2014
    • Journal of Property Investment & Finance
    • 518-529
    Purpose: – The purpose of this paper is to review the economic theories that lie behind the assessment of compulsory purchase compensation and the issues that arise from them. Design/methodology/a...
  • Compulsory purchase and compensation update – 2015
    • No. 33-6, September 2015
    • Journal of Property Investment & Finance
    • 586-593
    Purpose: – The purpose of this paper is to provide a summary and analysis of recent legal decisions relating to compensation for compulsory purchase. Design/methodology/approach: – The paper summa...
  • Compulsory purchase and compensation update – 2016
    • No. 34-4, July 2016
    • Journal of Property Investment & Finance
    • 421-427
    Purpose: – The purpose of this paper is to summarise and analyse reforms to the compulsory purchase compensation code which have been published for consultation by the Department for Communities an...
  • Compulsory purchase and compensation update 2017
    • No. 35-5, August 2017
    • Journal of Property Investment & Finance
    • 528-534
    Purpose: The purpose of this paper is to provide an annual update on case law relating to compulsory purchase and compensation. Design/methodology/approach: Researching decisions made by the Court...
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Law Firm Commentaries
Forms
  • Absent owner application form
    • HM Courts & Tribunals Service court and tribunal forms
    Lands Chamber (Upper Tribunal) forms including appeals forms.
    ......(tick one box only). • The Compulsory Purchase Act 1965, sections 5 and 21. or. • The Land Causes ......
  • Notice of reference
    • HM Courts & Tribunals Service court and tribunal forms
    Lands Chamber (Upper Tribunal) forms including appeals forms.
    ......For references relating to the validity of a purchase order or a blight counter-notice please use Form T374. For references ...This reference is a:. claim for compensation following a compulsory purchase. other claim for land compensation. claim under the Electronic ......
  • Planning statutory review claim form
    • HM Courts & Tribunals Service court and tribunal forms
    Planning Court forms including the statutory review claim form.
    ......section 113 of the Planning and Compulsory Purchase Act 2004. other, please state. Date of decision:. Name and ......
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