Source: All England Reporter
Publisher Citation: [2012] All ER (D) 206 (Oct)
Neutral Citation: [2012] EWHC 2835 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Kenneth Parker J

Representation Roger Bartlett (instructed by Irwin Mitchell LLP) for the claimant.
  David Forsdick (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 18 October 2012

Catchwords

Compulsory purchase - Compulsory purchase order - Application to quash order - Claimant's property being the subject of a compulsory purchase order (CPO) - Defendant Secretary of State accepting recommendation for CPO - Claimant seeking order quashing CPO - Whether Secretary of State erring - European Convention on Human Rights, art 1 Protocol 1 and art 8.

The Case

Compulsory purchase Compulsory purchase order. The claimant's property had been the subject of a compulsory purchase order (CPO). An inspector, instructed by the defendant Secretary of State, had approved the recommendation of compulsory purchase of the property. The Secretary of State subsequently accepted that recommendation. The Administrative Court, in dismissing the claimant's application to quash the CPO, held, inter alia, that there was compelling social need and the CPO had been proportionate in the circumstances.

Practice Areas

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