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
