Jindal, R (on the application of) v Birmingham City Council [2001] EWCA Civ 1889 (27 November 2001)

Jindal, R (on the application of) v Birmingham City Council [2001] EWCA Civ 1889 (27 November 2001)

The application for judicial review was out of time and no exceptional circumstances justified the delay; objections to service should have been raised by statutory appeal; the compulsory purchase was lawful and in the public interest.

Citation
[2001] EWCA Civ 1889
Parties
Applicant: Hari Dev Jindal; Respondent: Birmingham City Council
Jurisdiction
England and Wales
Judgment Date
27 November 2001
Procedural Posture
Judicial Review / Application for Permission to Appeal
Outcome
Application refused
Legal Topics
Compulsory Purchase, Delay in Judicial Review, Service of Orders, Statutory Appeal, Article 1 Protocol 1 ECHR
Administrative Law Property Law Human Rights Compulsory Purchase Delay in Judicial Review Service of Orders Statutory Appeal Article 1 Protocol 1 ECHR

Case Brief

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Parties

Hari Dev Jindal

Applicant

Birmingham City Council

Respondent

Procedural Posture

Judicial Review / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the application for judicial review was out of time
  2. 2 Whether failure to serve the Compulsory Purchase Order on the true owner rendered the order a nullity
  3. 3 Whether the applicant's property rights under Article 1 Protocol 1 ECHR were breached

Ratio Decidendi

The application for judicial review was out of time and no exceptional circumstances justified the delay; objections to service should have been raised by statutory appeal; the compulsory purchase was lawful and in the public interest.

Court Disposition

Application refused

Orders

  • Application for permission to appeal refused
  • No order for costs