Pritchett v Crossrail Ltd [2017] EWCA Civ 317 (03 May 2017)

Pritchett v Crossrail Ltd [2017] EWCA Civ 317 (03 May 2017)

Multiple expressions of interest from qualifying former owners, whether individually or as consortia, constitute competing bids under the Crossrail Land Disposal Policy, requiring disposal of the site on the open market. The Policy does not require the respondent to facilitate consortium formation or further inquiry into the nature of expressions of interest. The Policy is not frustrated by this interpretation and aligns with the Crichel Down Rules.

Citation
[2017] EWCA Civ 317
Parties
Appellant: Michael Pritchett; Respondent: Crossrail Limited
Jurisdiction
England and Wales
Judgment Date
03 May 2017
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Compulsory Purchase, Land Disposal Policy, Crichel Down Rules, Interpretation of Policy Documents
Administrative Law Property Law Compulsory Purchase Land Disposal Policy Crichel Down Rules Interpretation of Policy Documents

Case Brief

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Parties

Michael Pritchett

Appellant

Crossrail Limited

Respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether multiple expressions of interest constitute 'competing bids' under Crossrail Land Disposal Policy
  2. 2 Whether the Policy requires the respondent to facilitate consortium formation among former owners
  3. 3 Whether the Policy frustrates the underlying principles of the Crichel Down Rules

Ratio Decidendi

Multiple expressions of interest from qualifying former owners, whether individually or as consortia, constitute competing bids under the Crossrail Land Disposal Policy, requiring disposal of the site on the open market. The Policy does not require the respondent to facilitate consortium formation or further inquiry into the nature of expressions of interest. The Policy is not frustrated by this interpretation and aligns with the Crichel Down Rules.

Court Disposition

Appeal dismissed

Orders

  • Application for judicial review dismissed
  • Site to be disposed of on the open market