Source: All England Reporter
Publisher Citation: [2001] All ER (D) 313 (Feb)
Court: Administrative Court

Morison J

Representation Hugh Mercer (instructed by Teacher Stern Selby) for the claimant.
  Gillian Carrington (instructed by Michel Hawkins) for the authority.
  John Steel QC and Paul Brown (instructed by Hammond Suddard Edge) for Aldi an interested party.
Judgment Dates: 23 February 2001


Local authority - Land - Power to sell land - Authority negotiating lease of land to business - Competing business making higher offer in respect of freehold - Authority concluding lease on basis that offer of higher quality - Authority failing market or obtain an independent valuation - Whether authority entitled to accept lower monetary valuation - s 123(2).

The Case

There was no rigid principle that unless a site was either marketed or there was an independent valuation, a presumption of unlawfulness arose.

Practice Areas

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