Ergo Proxy
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https://nearlylegal.co.uk/2016/12/right-without-rights/
https://nearlylegal.co.uk/2016/12/right-without-rights/
A right without rights?
By Giles Peaker | Published 28/12/2016 4 Comments
Just a quick note on an interesting point that came up for decision in
Plant, R (on the application of) v Lambeth London Borough Council [2016] EWHC 3324 (Admin)
This was a judicial review of Lambeth’s decision (after a ‘reconsultation’ after Lambeth lost a first judicial review) to proceed with the demolition and redevelopment of the Cressingham Gardens estate. I don’t propose to go into the details of most of the grounds, concerned with the deficiencies of Lambeth’s further consultation and the figures and accounts put forward (or not put forward). Suffice to say that Mr Plant lost on all grounds. Though there is an interesting decision on the legal test of the consultation – procedural unfairness must be such that “there has been a procedural unfairness which materially prejudiced the applicant” (via Hopkins Developments Limited v Secretary of State for Communities and Local Government [2014] PTSR 1145 ), rather than simply a technical flaw.
But the part that interested me particularly was a decision on the ground of review that put forward an interference with Mr Plant’s Article 1 Protocol 1 rights under the ECHR.
cont https://nearlylegal.co.uk/2016/12/right-without-rights/