Charlesworth, R (on the application of) v Crossrail Ltd & Anor

Charlesworth, R (on the application of) v Crossrail Ltd & Anor

The Defendant lawfully applied the C10 Policy to the disposal of the land. B55 was correctly treated as a holder of a Qualifying Interest because its freehold was acquired under threat of compulsory purchase powers. The Claimant's loss of opportunity resulted from competing bids, not unlawful conduct or misapplication of the policy.

Parties
Claimant: Daniel Charlesworth; Defendant: Crossrail Limited; Interested Party: Berkeley Fifty-Five Limited
Jurisdiction
England and Wales
Judgment Date
25 April 2018
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Compulsory Acquisition, Land Disposal Policy, Crichel Down Rules, Qualifying Interest, Judicial Review
Administrative Law Property Law Compulsory Acquisition Land Disposal Policy Crichel Down Rules Qualifying Interest Judicial Review

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Parties

Daniel Charlesworth

Claimant

Crossrail Limited

Defendant

Berkeley Fifty-Five Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Defendant lawfully applied the C10 Policy to the disposal of land acquired for Crossrail
  2. 2 Whether Berkeley Fifty-Five Limited was correctly treated as a holder of a Qualifying Interest under the C10 Policy
  3. 3 Whether the Claimant was deprived of rights as a dispossessed property owner

Ratio Decidendi

The Defendant lawfully applied the C10 Policy to the disposal of the land. B55 was correctly treated as a holder of a Qualifying Interest because its freehold was acquired under threat of compulsory purchase powers. The Claimant's loss of opportunity resulted from competing bids, not unlawful conduct or misapplication of the policy.

Court Disposition

Claim dismissed