Compulsory Purchase Order in UK Law

Leading Cases
  • Smith v East Elloe Rural District Council
    • House of Lords
    • 26 Mar 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 Jul 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.

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

  • Prasad v Wolverhampton Borough Council
    • Court of Appeal (Civil Division)
    • 21 Feb 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.

  • 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 Aug 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.

  • R v Secretary of State for the Environment, ex parte Ostler (pet dis)
    • Court of Appeal (Civil Division)
    • 16 Mar 1976

    Second, in the Anisminic case, the House was considering a determination by a truly judicial body, the Foreign Compensation Tribunal, whereas in the Smith v. East Elloe case the House was considering an order which was very much in the nature of an administrative decision. In making a judicial decision, the tribunal considers the rights of the parties without regard to the public interest. The question is, to what extent aie private interests to be subordinated to the public interest.

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Books & Journal Articles
  • 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...
    ......: • the statutory project shall be taken to be the implementation of the authorised purpose within the area of the compulsory purchase order, save to the extent that it is shown (by either party) that it is part of a larger project; and • save by agreement or in special cir cumstances, ......
    • 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...
    ...... to comply with the directives that order such legislation, is a problem for the ...& wrongful dismissal and hire- purchase) the text is curiously flat and ... J. F. GAnIVER. LAW OF COMPULSORY PURCHASE AND COMPENSATION. By KEITH DAVIES. ......
    • Nbr. 41-4, July 1978
    • The Modern Law Review
    ...... was com- pletely different-a compulsory purchase order and a determina- tion ......
    • Nbr. 43-2, March 1980
    • The Modern Law Review
    ...... that the case concerned a compulsory purchase order which was challenged after ......
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Law Firm Commentaries
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