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

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

Catchwords

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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