Ainsdale Investments Ltd v First Secretary of State and another
Series: Estates Gazette ; [2004] 35 EG 68-73(6)Publication details: 2004Subject(s):- AINSDALE INVESTMENTS LTD V FIRST SECRETARY OF STATE AND ANOTHER
- COMPULSORY PURCHASE ORDERS
- HOUSING ACT 1985 S17
- MIXED-USE PROPERTY
- CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 1
- CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8
- PROPERTY-COMMERCIAL PROPERTY
- RESIDENTIAL PROPERTY
- REPAIRS
- FLYING FREEHOLD
- COMPULSORY PURCHASE AND COMPENSATION-CASE LAW
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS68229 (Browse shelf(Opens below)) | 1 | Available | 127280-1001 |
[2004] EWHC 1010 (Admin), 14 May 2004. Claimant A was owner of property in Soho, London partly used for commercial purposes and partly used for residential. Second defendant Westminster City Council made a Compulsory Purchase Order (CPO) under the Housing Act 1985 s17 due to the poor state of the building which was confirmed by the first defendant S. A appealed on the grounds that s17 did not empower W to acquire commercial part of the building, the cpo had not been made as a last resort and there was no evidential basis concerning tenure problems of the residential part. A also claimed violation of its rights under the Convention for the Protection of Human Rights and Fundamental Freedoms First Protocol Art 1. The two residents living in the residential part of the property also claimed a violation under Art 8. Application dismissed. Inclusion of the commercial part of the property was authorised by s17 of the 1985 Act. Claims for violation of the Convention were dismissed.