Baker, R (on the application of) v First Secretary of State

Baker, R (on the application of) v First Secretary of State

The compulsory purchase order was lawful and proportionate, justified by compelling public interest, and the decision-making process properly considered relevant statutory guidance and alternatives. No evidence of discrimination was found.

Parties
Claimant: Edith Baker; Defendant: First Secretary of State
Jurisdiction
England and Wales
Judgment Date
15 October 2003
Procedural Posture
Judicial Review / Final Judgment
Outcome
application dismissed
Legal Topics
Compulsory Purchase, Proportionality, Statutory Interpretation, Human Rights Interference, Discrimination
Public Law Human Rights Property Law Compulsory Purchase Proportionality Statutory Interpretation Human Rights Interference Discrimination

Case Brief

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Parties

Edith Baker

Claimant

First Secretary of State

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the compulsory purchase order violated the claimant's human rights under Article 8 and Protocol 1, Article 1 of the European Convention on Human Rights
  2. 2 Whether the decision-making process was lawful and proportionate
  3. 3 Whether relevant statutory guidance was properly considered

Ratio Decidendi

The compulsory purchase order was lawful and proportionate, justified by compelling public interest, and the decision-making process properly considered relevant statutory guidance and alternatives. No evidence of discrimination was found.

Court Disposition

application dismissed

Orders

  • Order for costs in favour of the defendant assessed at £5,000
  • Permission to appeal refused