R (on the application of O'Byrne) v SoS for the Environment, Transport and the Regions (Record no. 71697)
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| 000 -LEADER | |
|---|---|
| fixed length control field | 02009cam a2200253 4500 |
| 001 - CONTROL NUMBER | |
| control field | ABS66162 |
| 008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION | |
| fixed length control field | 021203n2002 000 0 eng u |
| 035 ## - SYSTEM CONTROL NUMBER | |
| System control number | (Sirsi) u120650 |
| 245 ## - TITLE STATEMENT | |
| Title | R (on the application of O'Byrne) v SoS for the Environment, Transport and the Regions |
| 260 ## - PUBLICATION, DISTRIBUTION, ETC. | |
| Date of publication, distribution, etc. | 2002 |
| 490 ## - SERIES STATEMENT | |
| Series statement | Estates Gazette Case Summaries |
| Volume/sequential designation | [2002] 48 EG 138 (CS)(30/11/02) |
| 490 ## - SERIES STATEMENT | |
| Series statement | Weekly Law Reports |
| Volume/sequential designation | [2002] 1 WLR 3250-3270(21) (29/11/02) |
| 490 ## - SERIES STATEMENT | |
| Series statement | House of Lords |
| Volume/sequential designation | [2002] UKHL 45 |
| 520 ## - SUMMARY, ETC. | |
| Summary, etc. | HL 14 November 2002. A secure tenant (O) of a flat in the green belt exercised her right to buy under the provisions of the Housing Act 1985. As the flat was on green belt land Croydon LBC had to seek the SoS's consent before such land was 'sold or... exchanged or...appropriated [for other purposes]' under the Green Belt (London and Home Counties) Act 1938 s5 but consent was withheld. O sought a judicial review and the CA upheld her claim that s5 of the 1938 act could not affect her right under s118 of the 1985 act 'to be granted a lease of the dwelling house' and that the 1938 act was implicitly repealed by by the right-to-buy legislation. SOS appealed to HL. HL held that the tenant's right to acquire a long lease was an absolute right under the Housing Act 1985 Part V, concluding that the Green Belt (London anc Home Counties) Act 1938 did not apply. Therefore it was neither necessary of appropriate to consider a repeal of the 1938 Act. Appeal dismissed. CA decision upheld. View at www.parliament.the-stationery-office.co.uk/. |
| 590 ## - LOCAL NOTE (RLIN) | |
| Local note | ABS |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name entry element | RIGHT TO BUY |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name entry element | GREEN BELT (LONDON AND HOME COUNTIES) ACT 1938 S5 |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name entry element | HOUSING ACT 1985 S118 |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name entry element | R V SOS ENVIRONMENT EX P O'BYRNE |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name entry element | GREEN BELT LAND |
| 690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) | |
| Topical term or geographic name as entry element | LANDLORD AND TENANT-RESIDENTIAL TENANCIES-CASE LAW |
| 856 ## - ELECTRONIC LOCATION AND ACCESS | |
| Uniform Resource Identifier | <a href="https://www.parliament.the-stationery-office.co.uk/pa/ld200203/ldjudgmt/jd021114/byrne-1.htm">https://www.parliament.the-stationery-office.co.uk/pa/ld200203/ldjudgmt/jd021114/byrne-1.htm</a> |
| Hours access method available | View judgment on the HL website... |
| 942 ## - ADDED ENTRY ELEMENTS (KOHA) | |
| Suppress in OPAC | 0 |
| Withdrawn status | Lost status | Source of classification or shelving scheme | Damaged status | Not for loan | Home library | Current library | Shelving location | Date acquired | Total Checkouts | Full call number | Barcode | Date last seen | Copy number | Price effective from | Koha item type |
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| Dewey Decimal Classification | London | London | Journal article | 03/12/2002 | ABS66162 | 120650-1001 | 06/08/2019 | 1 | 06/08/2019 | Law report |