Burton v SoS Transport
Burton v SoS Transport
- 1988
- Estates Gazette (8831) 6 August 1988, 50-57(4) .
CA 10 February 1988. The plaintiffs (B) were owners of land affected by orders made by SoS Transport in relation to road improvements . B had appealed at the public inquiry but the inspectors report had recommended the implementation of the proposals and on that basis the SoS proceeded. B applied under Highways Ac t1980 to quash orders on the grounds that the SoS had reached his decision without knowing the costs of certain accommodation work. This was dismissed on the basis that the `grounds` did not comply with RSC Ord 94 and there had bee na genuine misconception in this case of the requirements. The appeal was also dismissed.
CA 10 February 1988. The plaintiffs (B) were owners of land affected by orders made by SoS Transport in relation to road improvements . B had appealed at the public inquiry but the inspectors report had recommended the implementation of the proposals and on that basis the SoS proceeded. B applied under Highways Ac t1980 to quash orders on the grounds that the SoS had reached his decision without knowing the costs of certain accommodation work. This was dismissed on the basis that the `grounds` did not comply with RSC Ord 94 and there had bee na genuine misconception in this case of the requirements. The appeal was also dismissed.