| Source: | All England Reporter |
| Publisher Citation: | [2002] All ER (D) 449 (Jul) |
| Court: | Administrative Court |
| Judge: | Harrison J |
| Representation | Charles George QC and James Pereira (instructed by Kenneth Beavis) for the claimant |
| Carine Patry (instructed by the Treasury Solicitor) for the defendant | |
| Judgment Dates: | 29 July 2002 |
Catchwords
Public authority - Statutory powers - Duty of Minister - Maladministration - Claimant's property to be adversely affected by proposed bypass - Secretary of State failing to advise council of statutory powers empowering them to purchase property - Claimant complaining to Commissioner - Claimant challenging Commissioner's report - Whether report to be quashed.
The Case
The Parliamentary Commissioner for Administration had erred in reaching a conclusion that there had been no maladministration on the part of the Secretary of State and Department of Transport, in circumstances where he had wrongly re-used elements of a previously quashed decision in a reviewed decision.
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