Elizabeth Susan Pascoe v First SoS and The Urban Regeneration Agency and Liverpool City Counci
Elizabeth Susan Pascoe v First SoS and The Urban Regeneration Agency and Liverpool City Counci
- 2006
[2006] EWHC 2356 (Admin) 27 September 2006. Considers the statutory requirement under the Leasehold Reform, Housing and Urban Development Act 1993 s159(2) to establish whether, considered as a whole, land is under-used or ineffectively used, in order to acquire it compulsorily. Application by P for judicial review of the validity of a compulsory purchase order made by U through powers conferred by s162 of the Act. F's inspector held that the order land fulfilled the s159(2) statutory requirement. F confirmed the order. P contended that F had been mistaken in holding that the s159(2) requirement was satisfied, that the order constituted unjustifiable interference with her Convention rights including the right to a fair hearing. "Held": application granted. F and his inspector had engaged in an impermissible dilution of the statutory requirement that had to be satisfied before U was empowered to acquire the land. The error made by F in confirming the order could not be remedied by recourse to s160(4) of the Act. The interference with P's Convention rights constituted a breach of the Human Rights Act 1998 s6 but there had been no breach of her Convention right relating to fair hearing.
PASCOE V FIRST SOS AND OTHERS
LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S159(2)
LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S160(4)
LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S162
HUMAN RIGHTS ACT 1998 S6
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS PROTOCOL1 ART 1
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6.1
MEYRICK ESTATE MANAGEMENT LTD V SOS ENVIRONMENT
England and Wales--1543-
[2006] EWHC 2356 (Admin) 27 September 2006. Considers the statutory requirement under the Leasehold Reform, Housing and Urban Development Act 1993 s159(2) to establish whether, considered as a whole, land is under-used or ineffectively used, in order to acquire it compulsorily. Application by P for judicial review of the validity of a compulsory purchase order made by U through powers conferred by s162 of the Act. F's inspector held that the order land fulfilled the s159(2) statutory requirement. F confirmed the order. P contended that F had been mistaken in holding that the s159(2) requirement was satisfied, that the order constituted unjustifiable interference with her Convention rights including the right to a fair hearing. "Held": application granted. F and his inspector had engaged in an impermissible dilution of the statutory requirement that had to be satisfied before U was empowered to acquire the land. The error made by F in confirming the order could not be remedied by recourse to s160(4) of the Act. The interference with P's Convention rights constituted a breach of the Human Rights Act 1998 s6 but there had been no breach of her Convention right relating to fair hearing.
PASCOE V FIRST SOS AND OTHERS
LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S159(2)
LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S160(4)
LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S162
HUMAN RIGHTS ACT 1998 S6
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS PROTOCOL1 ART 1
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6.1
MEYRICK ESTATE MANAGEMENT LTD V SOS ENVIRONMENT
England and Wales--1543-