Collis, R (on the application of) v Secretary of State for Communities & Local Government & Anor

Collis, R (on the application of) v Secretary of State for Communities & Local Government & Anor

The council's cabinet resolution of 9 February 2005 constituted valid authority for the compulsory purchase order made on 7 December 2005; the language used was sufficient to authorise the making of the order, and preparatory steps did not require formal cabinet authority. The order was validly made and the application to quash it was dismissed.

Parties
Claimant: Collis; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: London Borough of Tower Hamlets
Jurisdiction
England and Wales
Judgment Date
20 September 2007
Procedural Posture
Judicial Review Application Under Section 23(1) Acquisition of Land Act 1981 / Judgment
Outcome
Application dismissed
Legal Topics
Compulsory Purchase Orders, Local Government Powers, Statutory Interpretation
Administrative Law Property Law Compulsory Purchase Orders Local Government Powers Statutory Interpretation

Case Brief

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Parties

Collis

Claimant

Secretary of State for Communities and Local Government

First Defendant

London Borough of Tower Hamlets

Second Defendant

Procedural Posture

Judicial Review Application Under Section 23(1) Acquisition of Land Act 1981 / Judgment

Legal Issues

  1. 1 Whether the council's cabinet resolution of 9 February 2005 constituted valid authority for the compulsory purchase order made on 7 December 2005
  2. 2 Whether subsequent confirmation by the Secretary of State could validate an invalid order
  3. 3 Whether the court should exercise discretion not to quash an order found to be invalid

Ratio Decidendi

The council's cabinet resolution of 9 February 2005 constituted valid authority for the compulsory purchase order made on 7 December 2005; the language used was sufficient to authorise the making of the order, and preparatory steps did not require formal cabinet authority. The order was validly made and the application to quash it was dismissed.

Court Disposition

Application dismissed

Orders

  • Application to quash the compulsory purchase order is dismissed
  • Claimants to pay costs; quantum and allocation of costs to be determined by written submissions