header-logo header-logo

Crowning glory?

11 October 2013 / Nicholas Asprey
Issue: 7579 / Categories: Features
printer mail-detail
asprey

Nicholas Asprey tackles the issue of the Crown & compulsory purchase

It is an established rule of statutory interpretation that the Crown is not bound by a statute which imposes restraints on persons in respect of property unless the statute says so expressly or by necessary implication (see British Broadcasting Corporation v Johns [1964] EWCA Civ 2, [1964] 1 All ER 923; cited with approval in Lord Advocate v Dumbarton DC [1990] 2 AC 580, [1990] 1 All ER 1). It is for this reason that an interest in land held by the Crown cannot be compulsorily acquired unless the statute expressly provides the acquiring authority with the power to acquire Crown interests.

In the case of interests held by persons or bodies other than the Crown in land which otherwise belongs to the Crown, such as where the Crown owns the freehold and a non-Crown body holds a lease, statutes often provide for the compulsory acquisition of the non-Crown interests, but this power is only exercisable with the consent of the appropriate Crown authority.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll