Patel and others v Brent London Borough Council (No 2) (Record no. 75430)

MARC details
000 -LEADER
fixed length control field 01963cab a2200205 4500
001 - CONTROL NUMBER
control field L130063
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 050620n2005 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u130063
041 ## - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 ## - TITLE STATEMENT
Title Patel and others v Brent London Borough Council (No 2)
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2005
520 ## - SUMMARY, ETC.
Summary, etc. [2005] EWCA Civ 644, 25 May 2005. Considers whether a deposit paid to a local authority pursuant to an agreement under the Town and Country Planning Act 1990 s106 should be returned in full because the authority had repudiated the agreement through its delay in carrying out works and none or only part of the works that were carried out should have been paid for out of the deposit. Appeal by charitable trustees (P) against the decision ([2004] EWHC 763 (Ch), (2004) 17 EG 129 (CS)) that they were not entitled to the full return of a highways improvement payment deposited with defendant (B) under a s106 agreement. Held: appeal allowed. The holding of a deposit by the local authority for specified purposes created a form of trust. P's obligation, extant at all times, was not merely to deposit the money but to permit B to use it for trust purposes. S106 A(1) of the Act precluded P from seeking to discharge that obligation under their claim that B had repudiated the agreement. The earlier judgment had been wrong to conclude that all the work done was work that B was entitled to pay for out of P's deposit and an inquiry should be held into the extent of work to be paid for from the deposit.
590 ## - LOCAL NOTE (RLIN)
Local note IKA210605
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PATEL AND OTHERS V BRENT LONDON BOROUGH COUNCIL
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TOWN AND COUNTRY PLANNING ACT 1990 S106
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element Planning and development
9 (RLIN) 6259
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2005/644.html">https://www.bailii.org/ew/cases/EWCA/Civ/2005/644.html</a>
Public note View the 2005 decision free of charge at www.bailii.org...
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWHC/Ch/2004/763.html">https://www.bailii.org/ew/cases/EWHC/Ch/2004/763.html</a>
Public note View the 2004 decision free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
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    Dewey Decimal Classification     Virtual Virtual Online 20/06/2005   L130063 130063-2001 06/08/2019 1 06/08/2019 Law report