Eco-Energy (GB) Ltd v First Secretary of State & Ors [2004] EWCA Civ 1566 (09 November 2004)

Eco-Energy (GB) Ltd v First Secretary of State & Ors [2004] EWCA Civ 1566 (09 November 2004)

Eco-Energy (GB) Ltd lacked standing as a 'person aggrieved' under section 288 because it had no legal or equitable interest in the land at the relevant time, and the oral assignment was ineffective. Equitable estoppel could not arise between Mr Clarke and his company. Substitution of Mr Clarke as claimant was not permitted after expiry of the statutory time limit, and CPR 19.5 did not apply.

Citation
[2004] EWCA Civ 1566
Parties
Claimant/appellant: Eco-Energy (GB) Limited; Defendant/respondent: First Secretary of State; Defendant/respondent: Secretary of State for Transport; Defendant/respondent: Durham County Council
Jurisdiction
England and Wales
Judgment Date
09 November 2004
Procedural Posture
Appeal / Court of Appeal (civil Division) on Appeal From High Court, Administrative Court
Outcome
Appeal dismissed
Legal Topics
Standing (person Aggrieved), Assignment of Interests, Equitable Estoppel, Constructive Trust, Civil Procedure Rule 19.5, Limitation Periods
Administrative Law Planning Law Civil Procedure Standing (person Aggrieved) Assignment of Interests Equitable Estoppel Constructive Trust Civil Procedure Rule 19.5 +1 more

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Parties

Eco-Energy (GB) Limited

Claimant/appellant

First Secretary of State

Defendant/respondent

Secretary of State for Transport

Defendant/respondent

Durham County Council

Defendant/respondent

Procedural Posture

Appeal / Court of Appeal (civil Division) on Appeal From High Court, Administrative Court

Legal Issues

  1. 1 Whether Eco-Energy (GB) Ltd had standing as a 'person aggrieved' under section 288 of the Town and Country Planning Act 1990
  2. 2 Whether an oral assignment of an option over land conferred a sufficient interest for standing
  3. 3 Whether an equitable interest or estoppel could arise between a sole shareholder and his company to confer standing

Ratio Decidendi

Eco-Energy (GB) Ltd lacked standing as a 'person aggrieved' under section 288 because it had no legal or equitable interest in the land at the relevant time, and the oral assignment was ineffective. Equitable estoppel could not arise between Mr Clarke and his company. Substitution of Mr Clarke as claimant was not permitted after expiry of the statutory time limit, and CPR 19.5 did not apply.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs assessed at £12,925; if not paid within 28 days, Durham County Council may return to court to seek an order against Mr Robert Clark.