R v Secretary of State for Environment Food and Rural Affairs ex p Ashbrook
R v Secretary of State for Environment Food and Rural Affairs ex p Ashbrook
- 2004
[2004] EWHC 2387 (Admin), 29 October 2004. Claimant A sought a declaration that the defendant SOS had acted unlawfully in granting consent under the Law of Property Act 1925 s194 for the erection of stock fencing on a common without holding a public inquiry. Considers statutory provision and interpretation of the term inquiries in s194 which is taken as meaning seeking information or referring to a public inquiry. Whilst recognising that s194 could be construed as stating that a public inquiry should be held in every instance it acknowledges that it would be impractical for a public inquiry to be held in all cases. "Held": that the SoS adopted the correct strategy in refusing to hold a public inquiry. Application rejected. View judgment at www.courtserrvice.gov.uk
R V SOS ENVIRONMENT FOOD AND RURAL AFFAIRS EX P ASHBROOK
LAW OF PROPERTY ACT 1925 S194
FENCING
COMMON LAND
PUBLIC INQUIRY
[2004] EWHC 2387 (Admin), 29 October 2004. Claimant A sought a declaration that the defendant SOS had acted unlawfully in granting consent under the Law of Property Act 1925 s194 for the erection of stock fencing on a common without holding a public inquiry. Considers statutory provision and interpretation of the term inquiries in s194 which is taken as meaning seeking information or referring to a public inquiry. Whilst recognising that s194 could be construed as stating that a public inquiry should be held in every instance it acknowledges that it would be impractical for a public inquiry to be held in all cases. "Held": that the SoS adopted the correct strategy in refusing to hold a public inquiry. Application rejected. View judgment at www.courtserrvice.gov.uk
R V SOS ENVIRONMENT FOOD AND RURAL AFFAIRS EX P ASHBROOK
LAW OF PROPERTY ACT 1925 S194
FENCING
COMMON LAND
PUBLIC INQUIRY