Court : UK Supreme Court
Decided on : Jun-19-2013
..... some initial confusion as to the statutory basis for their proposed action, they settled on section 80 of the highways act 1980. mr cusack began proceedings in the county court for an injunction to prevent the erection of the barriers outside his house. judge mcdowall and on appeal maddison j ..... on the division could be issued only when the division plan submitted by the owners was compatible with the land development plan. the court considers that by adopting such an approach the authorities could effectively evade the obligation to build and maintain roads other than major thoroughfares provided ..... their possessions within a1p1. although it met the requirements of being lawful and in the general interest, it was not proportionate. 41. the court recognised that "in the area of land development and town planning" contracting states enjoyed "a wide margin of appreciation in order to implement their ..... ac 508, 530). whether compensation is payable depends on the particular statutory provision. 11. mr green, as i understood his arguments in this court, relied less on the general/specific principle as such, than on a purposive interpretation of the statutory provisions in their context. although he put ..... excluded from those rights, the court is entitled to inquire into the reasons for the exclusion, and ask whether it serves any legitimate purpose, or leads to results 'so anomalous as to render the legislation unacceptable': j a pye (oxford) ltd v united kingdom (2008) 46 ehrr 45, para 83 .....Tag this Judgment!