Source: All England Reporter
Publisher Citation: [2002] All ER (D) 463 (Oct)
Court: Court of Appeal, Civil Division

Auld, Clarke and Laws LJJ

Representation Gregory Jones (instructed by TLT Solicitors, Bristol) for the claimant.
  James Findlay (instructed by Sharpe Pritchard) for the local authority.
Judgment Dates: 31 October 2002


Local government - Local authority - Powers - Exercise of statutory powers - Land drainage - Rights of entry on land - Right of entry to construct new drainage channel - Statutory construction - Human rights - ss 14, 64 - European Convention on Human Rights, art 6 - First Protocol to the Convention, art 1.

The Case

On its true construction, s64 of the conferred an independent right of entry on persons authorised by a local authority to enter land for the purpose of exercising any of the authority's functions under the 1991 Act, including the construction of new drainage works.

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