Meghnagi v London Borough Of Hackney & Anor [2001] EWCA Civ 723 (16 May 2001)

Meghnagi v London Borough Of Hackney & Anor [2001] EWCA Civ 723 (16 May 2001)

The application was refused because statutory notice requirements were met, the applicant's failure to receive notice was due to his own failure to update his address, the statutory six-week time limit for challenge is strict and binding, and none of the additional grounds had merit or could overcome the statutory bar.

Citation
[2001] EWCA Civ 723
Parties
Applicant: Ever Alan Meghnagi; First Respondent: London Borough of Hackney; Second Respondent: Secretary of State for the Environment, Transport and the Regions
Jurisdiction
England and Wales
Judgment Date
16 May 2001
Procedural Posture
Judicial Review Application / Application for Permission to Appeal Refusal of Permission for Judicial Review
Outcome
Application for permission to appeal refused
Legal Topics
Compulsory Purchase Order, Judicial Review, Service of Notice, Statutory Time Limits, Human Rights Act 1998
Administrative Law Property Law Human Rights Compulsory Purchase Order Judicial Review Service of Notice Statutory Time Limits Human Rights Act 1998

Case Brief

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Parties

Ever Alan Meghnagi

Applicant

London Borough of Hackney

First Respondent

Secretary of State for the Environment, Transport and the Regions

Second Respondent

Procedural Posture

Judicial Review Application / Application for Permission to Appeal Refusal of Permission for Judicial Review

Legal Issues

  1. 1 Whether statutory notice requirements for compulsory purchase were complied with
  2. 2 Whether failure to receive notice invalidates the compulsory purchase order
  3. 3 Whether the statutory six-week time limit for challenge is contrary to the Human Rights Act 1998

Ratio Decidendi

The application was refused because statutory notice requirements were met, the applicant's failure to receive notice was due to his own failure to update his address, the statutory six-week time limit for challenge is strict and binding, and none of the additional grounds had merit or could overcome the statutory bar.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused