Court : House of Lords
..... underwood qc (for the city council) did not, as i understand it, strenuously oppose that submission. during your lordships protracted deliberations on this appeal the housing and regeneration act 2008 has passed through parliament and received the royal assent. it corrects the defect in the statutory scheme. but for that i would have urged your lordships to make a declaration ..... grounds and traditional judicial review grounds. 117. at this point i find it helpful to stand back a little and consider the very different positions of the strasbourg court and a court hearing a possession action in england and wales. strasbourg is concerned with the bigger picture: has the united kingdom failed, through all or any of its legislative, ..... review in the conventional sense that the decision to recover possession was wholly unreasonable would be unarguable. mccann v united kingdom 15. on 13 may 2008, after the hearing in this appeal, the strasbourg court delivered its judgment in mccann v united kingdom, application no 19009/04. in that case the applicant and his wife were joint tenants of ..... as convention-compliant statutory schemes are developed and public authorities become accustomed to tailoring their performance of their duties to convention values. in a large number of cases, county courts already tackle sensitive issues of reasonableness, as well as issues regarding breach of conditions of occupancy, when deciding whether to make or suspend possession orders; the limited modification .....Tag this Judgment!
Court : House of Lords
..... been granted. first and foremost", the unfairness of the land owner in this case being unable to take advantage of a certificate under section 17(4)(b) of the 1961 act -  ewca civ 1230, para 65. such a certificate would, if granted in respect of residential development of the land, have enabled the respondent to compensation on the basis that planning ..... for the chance that permission would not have been granted? 67. transport for london (tfl) appeals against the order of the court of appeal (carnwath, thomas and etherton ljj, in a judgment of the court) dated november 13, 2008 by which the court of appeal dismissed the appeal of tfl against a decision of the tribunal (the president and mr p.r. francis frics ..... include an increase in value entirely due to the scheme underlying the compulsory acquisition. lord macdermott quoted from the judgment of eve j (approved by the court of appeal) in a case antedating the 1919 act, south eastern railway company v lcc  2 ch 252, 258: increase in value consequent on the execution of the undertaking for or in connection with ..... appeal suggested that its approach reflects the common assumption and practice of tribunals, courts, practitioners and valuers -  ewca civ 1230, para 66. i am far from convinced that this is correct; and, even if it is, it cannot justify an erroneous interpretation of the 1961 act. the court of appeals observation lies a little unhappily with the observation of the lands tribunal .....Tag this Judgment!