000 01426cam a2200241 4500
001 ABS63765
008 000000n2001 000 0 eng u
035 _a(Sirsi) u111741
245 _aR v Hackney LBC, ex parte Structadene Ltd
260 _c2001
490 _aEstates Gazette
_v[2001] 12 EG 168-174(7)
520 _aQBD 10 November 2000. The council (A) decided to sell some industrial units occupied by tenants at auction. Company (B) expressed an interest in buying these. On the day of the auction A informed B the land was to be sold to the tenants at a cost of £400,00. B put in a higher offer, but this was rejected. In court A conceded it had acted unlawfully by not taking adequate steps, set out in the Local Government Act 1972 S123, to obtain best value for the units. However, A also contended that its contract with the tenants could not be set aside, due to the rights afforded to third parties by s128(2) of the 1972 Act. "Held": Application allowed and the contract was declared invalid. S128(2) only applies once a transaction has been completed.
590 _aABS
650 _aOPEN MARKET
650 _aLOCAL GOVERNMENT ACT 1972 S128(2)
650 _aLOCAL GOVERNMENT ACT 1972 S123
650 _aTHIRD PARTY RIGHTS
650 _aR V HACKNEY LBC EX P STRUCTADENE LTD
650 _aBEST VALUE
650 _aFIDUCIARY DUTY
690 _aPROPERTY AND LAND LAW-CASE LAW
942 _n0
999 _c66575
_d66575