There had been a substantial delay of many years after the order for compulsory purchase was made, with a substantial increase in value after the service of the notice to treat. Held: The physical condition of the reference land and its surroundings is to taken as at the valuation date. Lord Morris of Borth-Y-Gest said: … Continue reading Birmingham Corporation v West Midlands Baptist (Trust) Association Inc: HL 1969
Under a wartime agreement in 1941 the UK government agreed to lease to the US Government land in Trinidad on which the US could establish a naval base. To do this the Crown acquired the Pointe Gourde land for its limestone quarry which would be used to provide materials to construct the air base. It … Continue reading Pointe Gourde Quarrying and Transport Co Ltd v Sub-Intendant of Crown Lands: PC 29 Jul 1947
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S.2 of the Acquisition of Land (Assessment of Compensation) Act 1919 provided for the assessment of compensation in respect of land acquired compulsorily for public purposes according to certain rules. Then by s.7(1): ‘The provisions of the Act or order by which the land is authorised to be acquired, or of any Act incorporated therewith, … Continue reading Ellen Street Estates Limited v Minister for Health: CA 1934
The plaintiffs were Indian Chiefs from Canada. They complained that the 1982 Act which granted independence to Canada, had been passed without their consent, which they said was required. They feared the loss of rights embedded by historical treaties. The Attorney General sought the strike out of the claims. Held: The application for a strike … Continue reading Manuel and Others v Attorney-General; Noltcho and Others v Attorney-General: ChD 7 May 1982
The court looked at the question of the implied repeal of legislation. Avory J said: ‘I should certainly hold . . that no Act of Parliament can effectively provide that no future Act shall interfere with its provisions . . [I]f they [the two statutes] are inconsistent to that extent [viz. so that they cannot … Continue reading Vauxhall Estates Ltd v Liverpool Corporation: KBD 1932
