R (Regina Developments Ltd and others) v SoS Environment, Transport and the Regions, R (Holding & Barnes plc) v SoS Environment, Transport and the Regions, SoS Environment, Transport and the Regions v Legal and General Assurance Society Ltd
R (Regina Developments Ltd and others) v SoS Environment, Transport and the Regions, R (Holding & Barnes plc) v SoS Environment, Transport and the Regions, SoS Environment, Transport and the Regions v Legal and General Assurance Society Ltd
- 2001
- Weekly Law Reports [2001] 2 WLR 1389-1451(62) .
HL 9 May 2001.Three cojoined appeals for judicial review and application by the SoS Environment from the decision of the Divisional Court, declaring that the SoS's powers to call in or recover decisions under the Town and Country Planning Act 1990, the Transport and Works Act 1992, Highways Act 1980 and the Acquisition of Land Act 1981, contravened the European Convention on Human Rights Article 6(1). The applications were on the grounds that the SoS is not an independent or impartial tribunal. The SoS conceded that he was not such a tribunal but sought to contend the right of appeal to and the reviewing process to the High Court, and that the process was in accordance with the Article. "Held", the SoS was not an independent and impartial tribunal but decisions taken by him were not incompatible with Article 6(1) as incorporated into the Human Rights Act 1998 sched 1 as they were subject to review by an independent and impartial tribunal. Maintains that the SoS's powers are essentially administrative rather than judicial. Reverses the QBD's decision. http://www.parliament.the-stationery-office.co.uk/pa/ld200001/ldjudgmt/jd010509/alcon-1.htm
ACQUISITION OF LAND ACT 1981
Compulsory purchase
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6(1)
HIGHWAYS ACT 1980
HUMAN RIGHTS ACT 1998
PLANNING APPEALS
PLANNING APPLICATIONS
R V SOS ENVIRONMENT, TRANSPORT AND THE REGIONS EX P ALCONBURY DEVELOPMENTS
R V SOS ENVIRONMENT EX P HOLDING AND BARNES PLC
R V SOS ENVIRONMENT EX P LEGAL AND GENERAL ASSURANCE SOCIETY
R V SOS ENVIRONMENT EX P PREMIER LEISURE
TOWN AND COUNTRY PLANNING ACT 1990
TRANSPORT AND WORKS ACT 1992
IMPARTIALITY
HL 9 May 2001.Three cojoined appeals for judicial review and application by the SoS Environment from the decision of the Divisional Court, declaring that the SoS's powers to call in or recover decisions under the Town and Country Planning Act 1990, the Transport and Works Act 1992, Highways Act 1980 and the Acquisition of Land Act 1981, contravened the European Convention on Human Rights Article 6(1). The applications were on the grounds that the SoS is not an independent or impartial tribunal. The SoS conceded that he was not such a tribunal but sought to contend the right of appeal to and the reviewing process to the High Court, and that the process was in accordance with the Article. "Held", the SoS was not an independent and impartial tribunal but decisions taken by him were not incompatible with Article 6(1) as incorporated into the Human Rights Act 1998 sched 1 as they were subject to review by an independent and impartial tribunal. Maintains that the SoS's powers are essentially administrative rather than judicial. Reverses the QBD's decision. http://www.parliament.the-stationery-office.co.uk/pa/ld200001/ldjudgmt/jd010509/alcon-1.htm
ACQUISITION OF LAND ACT 1981
Compulsory purchase
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6(1)
HIGHWAYS ACT 1980
HUMAN RIGHTS ACT 1998
PLANNING APPEALS
PLANNING APPLICATIONS
R V SOS ENVIRONMENT, TRANSPORT AND THE REGIONS EX P ALCONBURY DEVELOPMENTS
R V SOS ENVIRONMENT EX P HOLDING AND BARNES PLC
R V SOS ENVIRONMENT EX P LEGAL AND GENERAL ASSURANCE SOCIETY
R V SOS ENVIRONMENT EX P PREMIER LEISURE
TOWN AND COUNTRY PLANNING ACT 1990
TRANSPORT AND WORKS ACT 1992
IMPARTIALITY