Collis, R (on the application of) v Secretary of State for Communities & Local Government & Anor [2007] EWHC 2625 (Admin) (20 September 2007)

Collis, R (on the application of) v Secretary of State for Communities & Local Government & Anor [2007] EWHC 2625 (Admin) (20 September 2007)

The cabinet resolution of 9 February 2005, properly construed, authorised the making of the compulsory purchase order; the language used encompassed the making of the order, and preparatory steps did not require formal authority; advice in the report could not limit the resolution's effect; therefore, the order was validly made.

Citation
[2007] EWHC 2625 (Admin)
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 / Statutory Challenge Under Section 23(1) Acquisition of Land Act 1981 / High Court Judgment
Outcome
Application dismissed
Legal Topics
Compulsory Purchase Orders, Authority to Make Cpos, Statutory Interpretation, Local Government Procedure, Confirmation by Secretary of State, Costs in Statutory Challenges
Administrative Law Compulsory Purchase Local Government Law Compulsory Purchase Orders Authority to Make Cpos Statutory Interpretation Local Government Procedure Confirmation by Secretary of State +1 more

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 / Statutory Challenge Under Section 23(1) Acquisition of Land Act 1981 / High Court Judgment

Legal Issues

  1. 1 Whether the council's cabinet resolution of 9 February 2005 validly authorised the making of the compulsory purchase order on 7 December 2005
  2. 2 Whether advice in the Chief Legal Officer's report limited the authority given by the resolution
  3. 3 Whether subsequent confirmation by the Secretary of State could validate an invalid order

Ratio Decidendi

The cabinet resolution of 9 February 2005, properly construed, authorised the making of the compulsory purchase order; the language used encompassed the making of the order, and preparatory steps did not require formal authority; advice in the report could not limit the resolution's effect; therefore, the order was validly made.

Court Disposition

Application dismissed

Orders

  • Application under Section 23(1) of the Acquisition of Land Act 1981 dismissed
  • Claimants to pay the first defendant's and/or second defendant's costs (quantum and allocation to be determined after written submissions)