Compulsory Purchase Order in UK Law

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

    Here the Appellant by her writ claims against the personal Defendant a declaration that he knowingly acted wrongfully and in bad faith in procuring the Order and its confirmation, and damages, and that is a claim which the Court clearly has jurisdiction to entertain.

    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 Julio 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.

  • Prasad v Wolverhampton Borough Council
    • Court of Appeal (Civil Division)
    • 21 Febrero 1983

    And it cannot be disputed that it is often wise, and not always risky, for a person threatened with the compulsory acquisition of his property to find alternative accommodation which may put him to expense and which may cause disturbance and loss of trade or business. Such prudent anticipation may mitigate the loss resulting from losing the property, whereas waiting to move till the last moment may increase the dispossessed person's loss.

  • Fairmount Investments Ltd v Secretary of State for the Environment
    • House of Lords
    • 24 Junio 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.

  • Re Stalybridge and Compulsory Purchase Order, 1963; Ashbridge Investments Ltd v Minister of Housing and Local Government
    • Court of Appeal
    • 02 Julio 1965

    Under this Section it seems to me that the Court can interferewith the Minister's decision if he has acted on no evidence; or if he has come to a conclusion to which on the evidence he could not reasonably come; or if he has given a wrong interpretation to the words of the Statute; or if he has taken into consideration matters which he ought not to have taken into account, or vice versa; or has otherwise gone wrong in law.

  • R James Powell and Others v (1) Secretary of State for Communities and Local Government (2) Sefton Metropolitan Borough Council
    • Queen's Bench Division (Administrative Court)
    • 22 Agosto 2007

    It is very difficult to disentangle straightforward findings of fact from matters of judgment or opinion and thus one very often sees findings of fact and conclusions and opinions mixed up.

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Books & Journal Articles
  • Compulsory Acquisition of Land by Local Authorities and Procedure at the Inquiry Tribunals
    • Nbr. 24-3, September 1946
    • Public Administration
    ......{position:relative;background-color:white;overflow:hidden;margin:0;border... with the question of exercising compulsory powers of purchase over it, and if it is decided that such land is ......
  • Compulsory purchase and compensation update – 2016
    • Nbr. 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...
    ...... following:•the statutory project shall be taken to be the implementation of theauthorised purpose within the area of the compulsory purchase order, saveto the extent that it is shown (by either party) that it is part of a largerproject; and•save by agreement or in special circumstances, the ......
    • Nbr. 36-3, May 1973
    • The Modern Law Review
    Legal Problems of an Enlarged European Community. Edited by M. E. Bathurst, K. R. Simmonds, N. March Hunnings and Jane Welch. Information and Advice Services. By Rosalind Brooke. Marriage Stability...
    ......-color:white;overflow:hidden;margin:0;border...& wrongful dismissal and hire- purchase) the text is curiously flat and ... J. F. GAnIVER. LAW OF COMPULSORY PURCHASE AND COMPENSATION. By KEITH DAVIES. ......
  • Some Recent Cases in Administrative Law
    • Nbr. 30-4, December 1952
    • Public Administration
    ......-color:white;overflow:hidden;margin:0;border... confirmed the validity of a compulsory purchase order made by the Central ......
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Law Firm Commentaries
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  • Chapter SDLTM22010
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......Where the purchase of a chargeable interest is by way of a y purchase order made by the purchaser, the purchaser may claim ... must be the person who made the compulsory purchase order. This would usually be the local ......
  • Chapter SDLTM22005
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... provision gives relief where land is purchased following the making of acompulsory purchase er, in Northern Ireland a vesting order, for the purpose of facilitating development. A ......
  • Chapter CG72200
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......Where the land acquired under a compulsory purchase order was only part of a holding of ......
  • Chapter SDLTM22520
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... has been taken to enforce the planning order, it must just be capable of being enforced. ...The second condition is that the purchaser is a public authority. There are lists of these. ... 2008 and then became the subject of a compulsory purchase order, the transaction must take place ......
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