| 000 | 02541cab a2200289 4500 | ||
|---|---|---|---|
| 001 | ##L135449 | ||
| 008 | 061026n2006 000 0 eng u | ||
| 035 | _a(Sirsi) u135449 | ||
| 041 | 0 | _aeng | |
| 245 | 0 | 0 | _aElizabeth Susan Pascoe v First SoS and The Urban Regeneration Agency and Liverpool City Counci |
| 260 | _c2006 | ||
| 520 | _a[2006] EWHC 2356 (Admin) 27 September 2006. Considers the statutory requirement under the Leasehold Reform, Housing and Urban Development Act 1993 s159(2) to establish whether, considered as a whole, land is under-used or ineffectively used, in order to acquire it compulsorily. Application by P for judicial review of the validity of a compulsory purchase order made by U through powers conferred by s162 of the Act. F's inspector held that the order land fulfilled the s159(2) statutory requirement. F confirmed the order. P contended that F had been mistaken in holding that the s159(2) requirement was satisfied, that the order constituted unjustifiable interference with her Convention rights including the right to a fair hearing. "Held": application granted. F and his inspector had engaged in an impermissible dilution of the statutory requirement that had to be satisfied before U was empowered to acquire the land. The error made by F in confirming the order could not be remedied by recourse to s160(4) of the Act. The interference with P's Convention rights constituted a breach of the Human Rights Act 1998 s6 but there had been no breach of her Convention right relating to fair hearing. | ||
| 590 | _aIKA311006 | ||
| 650 | 2 | 4 | _aPASCOE V FIRST SOS AND OTHERS |
| 650 | 2 | 4 | _aLEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S159(2) |
| 650 | 2 | 4 | _aLEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S160(4) |
| 650 | 2 | 4 | _aLEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S162 |
| 650 | 2 | 4 | _aHUMAN RIGHTS ACT 1998 S6 |
| 650 | 2 | 4 | _aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8 |
| 650 | 2 | 4 | _aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS PROTOCOL1 ART 1 |
| 650 | 2 | 4 | _aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6.1 |
| 650 | 2 | 4 | _aMEYRICK ESTATE MANAGEMENT LTD V SOS ENVIRONMENT |
| 651 |
_aEngland and Wales _y1543- |
||
| 690 | _aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-COMPULSORY PURCHASE AND COMPENSATION | ||
| 856 | 4 | 0 |
_uhttps://www.bailii.org/ew/cases/EWHC/Admin/2006/2356.html _zView the judgment free of charge at www.bailii.org... |
| 942 | _n0 | ||
| 999 |
_c77895 _d77895 |
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