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R v Secretary of State for Environment Food and Rural Affairs ex p Ashbrook

Publication details: 2004Subject(s): Online resources: Summary: [2004] EWHC 2387 (Admin), 29 October 2004. Claimant A sought a declaration that the defendant SOS had acted unlawfully in granting consent under the Law of Property Act 1925 s194 for the erection of stock fencing on a common without holding a public inquiry. Considers statutory provision and interpretation of the term inquiries in s194 which is taken as meaning seeking information or referring to a public inquiry. Whilst recognising that s194 could be construed as stating that a public inquiry should be held in every instance it acknowledges that it would be impractical for a public inquiry to be held in all cases. "Held": that the SoS adopted the correct strategy in refusing to hold a public inquiry. Application rejected. View judgment at www.courtserrvice.gov.uk
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS68469 (Browse shelf(Opens below)) 1 Available 128030-1001
Law report Virtual Online ONLINE (Browse shelf(Opens below)) 1 Available 128030-2001

[2004] EWHC 2387 (Admin), 29 October 2004. Claimant A sought a declaration that the defendant SOS had acted unlawfully in granting consent under the Law of Property Act 1925 s194 for the erection of stock fencing on a common without holding a public inquiry. Considers statutory provision and interpretation of the term inquiries in s194 which is taken as meaning seeking information or referring to a public inquiry. Whilst recognising that s194 could be construed as stating that a public inquiry should be held in every instance it acknowledges that it would be impractical for a public inquiry to be held in all cases. "Held": that the SoS adopted the correct strategy in refusing to hold a public inquiry. Application rejected. View judgment at www.courtserrvice.gov.uk