Wainwright, R (on the application of) v North West Development Agency & Anor

Wainwright, R (on the application of) v North West Development Agency & Anor

The claimant failed to identify any legal or procedural flaw in the Secretary of State's decision to confirm the Compulsory Purchase Order. The proceedings were not an opportunity to reargue the merits or introduce new evidence not presented at inquiry. The first defendant acted within its statutory powers, and the acquisition of full title was justified. The application was dismissed and costs awarded to both defendants.

Parties
Claimant: Michael Wainwright; First Defendant: North West Development Agency; Second Defendant: Secretary of State for Trade and Industry
Jurisdiction
England and Wales
Judgment Date
22 March 2005
Procedural Posture
Statutory Challenge Under Section 23 of the Acquisition of Land Act 1981 / Judgment After Hearing of Application
Outcome
Application dismissed
Legal Topics
Compulsory Purchase Orders, Statutory Challenge, Costs, Planning Permission, Human Rights
Administrative Law Compulsory Purchase Planning Law Compulsory Purchase Orders Statutory Challenge Costs Planning Permission Human Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Michael Wainwright

Claimant

North West Development Agency

First Defendant

Secretary of State for Trade and Industry

Second Defendant

Procedural Posture

Statutory Challenge Under Section 23 of the Acquisition of Land Act 1981 / Judgment After Hearing of Application

Legal Issues

  1. 1 Whether there was a legal or procedural flaw in the Secretary of State's decision to confirm the Compulsory Purchase Order affecting the claimant's land
  2. 2 Whether the acquisition of the claimant's land was necessary and proportionate
  3. 3 Whether the first defendant had power to acquire the land under section 20(1) of the Regional Development Agencies Act 1998

Ratio Decidendi

The claimant failed to identify any legal or procedural flaw in the Secretary of State's decision to confirm the Compulsory Purchase Order. The proceedings were not an opportunity to reargue the merits or introduce new evidence not presented at inquiry. The first defendant acted within its statutory powers, and the acquisition of full title was justified. The application was dismissed and costs awarded to both defendants.

Court Disposition

Application dismissed

Orders

  • Claimant to pay the second defendant's (Secretary of State) costs summarily assessed at £10,000
  • Claimant to pay the first defendant's (North West Development Agency) costs summarily assessed at £25,000