Citations: [1997] EWCA Civ 1766 Statutes: Housing Act 1985, Acquisition of Land Act 1981 Jurisdiction: England and Wales Housing Updated: 09 December 2022; Ref: scu.142162
The local authority made a CPO in 1981 in respect of a sports ground. The applicants later acquired the land. In 1989 the order was confirmed and in March 1989 a vesting order was made. The authority was unable to afford to complete the purchase. In October 1992, the applicant sought a declaration that the … Continue reading Co-operative Insurance Society Ltd v Hastings Borough Council: ChD 23 Jun 1993
The defendant to an action for an injunction by the plaintiff on behalf of the British Phonographic Industry Copyright Society, said that the company did not properly represent the members of the Society. Held: It could be inferred that all relevant members of a copyright society would wish to suppress counterfeit goods, and so they … Continue reading EMI Records v Riley: ChD 1981
House owners had used vehicular access across a common to get to their houses for many years. The commons owner required them to purchase the right, and they replied that they had acquired the right by lost modern grant and/or by prescription. Held: The use of a right of way over a common by vehicles … Continue reading Roland Brandwood and others v Bakewell Management Ltd: CA 30 Jan 2003
The appellant had lived in a caravan on the verge of a byway and had been here for more than twelve years. He appealed against rejection of his request for possessory title. He said that there was no support in law for the maxim that adverse possession was not available against land forming part of … Continue reading Smith, Regina (on The Application of) v Land Registry (Peterborough Office) and Another: CA 10 Mar 2010
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Challenge to compulsory purchase order – authority under which orders made. Citations: [2007] EWHC 2625 (Admin) Links: Bailii Statutes: Acquisition of Land Act 1981 23(1), Housing Act 1985 Jurisdiction: England and Wales Land Updated: 05 December 2022; Ref: scu.261400
Challenge to compulsory purchase order. Judges: Ouseley J Citations: [2007] EWHC 2008 (Admin) Links: Bailii Statutes: Acquisition of Land Act 1981 23 Jurisdiction: England and Wales Land Updated: 05 December 2022; Ref: scu.259210
Challenge to lawfulness of Order allowing compulsory purchase of land for London Olympics 2012. Citations: [2007] EWHC 1527 (Admin) Links: Bailii Statutes: Acquisition of Land Act 1981 23 Jurisdiction: England and Wales Land Updated: 04 December 2022; Ref: scu.254342
Challenge to compulsory purchase order Citations: [2004] EWHC 3120 (Admin) Links: Bailii Statutes: Acquisition of Land Act 1981 23 Jurisdiction: England and Wales Land Updated: 26 November 2022; Ref: scu.226928
The authority sought compulsory purchase of land which adjoined a motorway. An agreement was made before the enquiry, but the inspector felt that others who were not represented would also be affected, and recommended rejection of the agreement. The Secretary of State proceeded, after substantial correspondence including with the objectors. The objectors complained that though … Continue reading Lomax and others v Secretary of State for Transport, Local Government and the Regions and another: Admn 10 May 2002
Citations: [2002] EWHC 921 (Admin) Links: Bailii Statutes: Acquisition of Land Act 1981 23 Jurisdiction: England and Wales Land, Local Government Updated: 04 November 2022; Ref: scu.172211
The claimant challenged the making of a compulsory purchase order against her property. Judges: Ouseley J Citations: [2009] EWHC 881 (Admin) Links: Bailii Statutes: Acquisition of Land Act 1981 23(1) Jurisdiction: England and Wales Land Updated: 24 July 2022; Ref: scu.341843
Citations: [2008] EWHC 62 (Admin) Links: Bailii Statutes: Acquisition of Land Act 1981 23 Land Updated: 13 July 2022; Ref: scu.264059
Judges: Wilkie J Citations: [2008] EWHC 62 (QB) Links: Bailii Statutes: Acquisition of Land Act 1981 23 Jurisdiction: England and Wales Land Updated: 09 July 2022; Ref: scu.263888
Citations: 10825/84 Statutes: Acquisition of Land Act 1981 23 Jurisdiction: Human Rights Cited by: Cited – Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001 Power to call in is administrative in nature The powers of the … Continue reading Howard v United Kingdom: ECHR 16 Jul 1987
Citations: [2005] EWHC 2324 (Admin) Links: Bailii Statutes: Acquisition of Land Act 1981 23 Jurisdiction: England and Wales Land Updated: 30 April 2022; Ref: scu.235885
A compulsory purchase order was made. The land owner applied for confirmation by the inspector. They issued an application to challenge the inspector’s recommendation, but did so before it was actually published. The statute required the challenge to be made within six weeks of the publication of the recommendation. The authority said the six weeks … Continue reading Enterprise Inns Plc v Secretary of State for the Environment, Transport and the Regions: QBD 18 May 2000
Judges: Sullivan J Citations: [2007] EWHC 2051 (Admin) Links: Bailii Statutes: Land Acquisition Act 1981 23 Jurisdiction: England and Wales Land Updated: 06 December 2022; Ref: scu.259648
Citations: [2006] EWCA Civ 12 Links: Bailii Statutes: Acquisition of Land Act 1981 Jurisdiction: England and Wales Local Government, Land Updated: 09 November 2022; Ref: scu.237734
Compulsory purchase Citations: [2008] EWLandRA 2007 – 0167 Links: Bailii Statutes: Compulsory Purchase (Vesting Declarations) Act 1981 3 4 5 6 9, Acquisition of Land Act 1981 5 11 12 13A 15 23, Compulsory Purchase of Land (Vesting Declarations) Regulations 1990, Compulsory Purchase by Non-Ministerial Acquiring Authorities (Inquiries Procedure) Rules 1990, Adjudicator to HM Land … Continue reading London Borough of Wandsworth v Rapose, Rapose, Rapose, De Souza, Rapose, Gracias, Haq, Scullion: LRA 1 Apr 2008
The servient land-owner alleged an excessive user by which it was attempted to impose an additional burden on the servient tenement in the use of a right of way for obtaining access to a factory erected partly on the land to which the right of way was appurtenant (‘the Pink Land’) and partly on other … Continue reading Harris v Flower: CA 1904
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 re-insurers appealed against a finding that they were liable to make payment under a contract which required them to pay ‘sums actually paid.’ They said that the company having become insolvent, no payment would in fact be made. Held: The contract had to be construed as a whole. Under the contract, the sum became … Continue reading Charter Reinsurance Co Ltd v Fagan and Others: HL 24 May 1996
The appellant’s land was to be taken under compulsory purchase by the Council who wished to use it to assist Tesco in the construction of a new supermarket. Tesco promised to help fund restoration of a local listed building. Sainsbury objected an now appealed against the Court of Appeal’s overturning of the orer in its … Continue reading Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another: SC 12 May 2010
The court was asked: ‘whether East Sussex County Council . . was wrong in law to decide to register an area . . known as West Beach at Newhaven . . as a village green pursuant to the provisions of the Commons Act 2006. The points of principle raised by the appeal are, potentially at … Continue reading Newhaven Port and Properties Ltd, Regina (on The Application of) v East Sussex County Council and Another: SC 25 Feb 2015
The claimants challenged the 1967 Act, saying that it deprived them of their property rights when lessees were given the power to purchase the freehold reversion. Held: Article 1 (P1-1) in substance guarantees the right of property. Allowing a mechanism for the compulsory transfer of the freehold interest in the house and the land to … Continue reading James and Others v The United Kingdom: ECHR 21 Feb 1986
Can a recreational purpose underlie an easement The court considered the validity of easements of recreational facilities. A property had been developed with timeshare leases within a substantial and attractive grounds area. Later a second development was created but with freehold interests, but the same rights by way of easements over the communal grounds and … Continue reading Regency Villas Title Ltd and Others v Diamond Resorts (Europe) Ltd and Another: CA 4 Apr 2017
Claim by time share owners for easements over neighbouring land. The easements were for various sporting rights and facilities.
Held: The Claimants were entitled to appropriate declaratory relief confirming that they have the rights they claim . .
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
