Mortell, R (on the application of) v Secretary of State for Community and Local Government & Ors

Mortell, R (on the application of) v Secretary of State for Community and Local Government & Ors

The Court held that the challenge to the compulsory purchase order failed on all grounds. The Inspector’s report and the Secretary of State’s decision letter adequately considered the objectors’ human rights and the relevant documents. There was no procedural unfairness in not forwarding the objectors’ written final...

Source-derived case information.

Parties
Appellant: The Queen on the Application of Mortell; First Respondent: Secretary of State for Community and Local Government; Second Respondent: Oldham Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
29 October 2009
Procedural Posture
Judicial Review / Appeal From Queen’s Bench Division, Administrative Court
Outcome
Appeal dismissed
Legal Topics
Compulsory Purchase Orders, Article 8 ECHR, Article 1 Protocol 1 ECHR, Fair Hearing, Compensation for Compulsory Acquisition
Administrative Law Human Rights Law Property Law Compulsory Purchase Orders Article 8 ECHR Article 1 Protocol 1 ECHR Fair Hearing Compensation for Compulsory Acquisition

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Parties

The Queen on the Application of Mortell

Appellant

Secretary of State for Community and Local Government

First Respondent

Oldham Metropolitan Borough Council

Second Respondent

Procedural Posture

Judicial Review / Appeal From Queen’s Bench Division, Administrative Court

Legal Issues

  1. 1 Whether the Secretary of State failed to consider relevant documents in confirming the compulsory purchase order
  2. 2 Whether the Inspector’s report and decision letter properly considered Article 8 and Article 1 Protocol 1 ECHR rights of objectors
  3. 3 Whether there was procedural unfairness in not forwarding objectors’ written final submissions to the Secretary of State

Ratio Decidendi

The Court held that the challenge to the compulsory purchase order failed on all grounds. The Inspector’s report and the Secretary of State’s decision letter adequately considered the objectors’ human rights and the relevant documents. There was no procedural unfairness in not forwarding the objectors’ written final submissions, and the Inspector’s summary of the objectors’ case was sufficient. The appeal was dismissed.

Court Disposition

Appeal dismissed