R v Secretary of State for the Environment, ex p Ostler [1977]

Facts

  • Ostler challenged an acquisition of land after 9 months, well beyond the 6 week limit set out by the Acquisition of Land Act 1956

Issue

  • Could a judicial review claim be bought

Decision

  • No

Reasoning

  • Time limit clauses should be construed as narrowly as possible; they are effectively ouster clauses
  • However, as a matter of policy, the claim must fail as local authorities need to have certainty in effecting new projects; it would be very costly to either have to leave acquired land unoccupied for 9 months or knock down 9 months of building work
RELATED CASE  Wandsworth London Borough Council v Winder [1985]

Posted in Public Law Revision Notes.

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