R v SoS Environment , ex parte Davis
Language: English Series: Property and Compensation Reports ; (1990) 59 PCR 306-314(9)Publication details: 1990Subject(s): Summary: QBD 11 May 1989 Application by Davis (D) for an order of certiorari to quash a decision of the first respondent, the SoS, in which he found that D had no interest in land within the meaning of Town and Country Planning Act 1971 s88 in relation to which the second respondent, the council, had served an enforcement notice , as D was a trespass er and an order of mandamus requiring the SoS to hear the appeal. QBD held that the SoS was entitled to conclude on the material before him that D was a trespasser and not someone in adverse possession and so had neither an interest in land under s88 nor a right to appeal against the enforcement notice. This decision would only be open to judicial review if it were shown to be perverse.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS42771 (Browse shelf(Opens below)) | 1 | Available | 38765-1001 |
QBD 11 May 1989 Application by Davis (D) for an order of certiorari to quash a decision of the first respondent, the SoS, in which he found that D had no interest in land within the meaning of Town and Country Planning Act 1971 s88 in relation to which the second respondent, the council, had served an enforcement notice , as D was a trespass er and an order of mandamus requiring the SoS to hear the appeal. QBD held that the SoS was entitled to conclude on the material before him that D was a trespasser and not someone in adverse possession and so had neither an interest in land under s88 nor a right to appeal against the enforcement notice. This decision would only be open to judicial review if it were shown to be perverse.