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Bloomsburry Family law

Litigation

R (Kides) v South Cambridgeshire DC [2002] EWCA Civ 1370

Planning Law - Extent of duty on local planning authority dealing with planning application to have regard to all material considerations - Council resolved to grant permission in principle in 1995 subject to s 106 agreement - Agreement concluded in 2000 and decision notice issued - Appellant challenged decision on grounds of failure to consider material change in circumstances - Authority discharged duty where it considered material considerations with application in mind even though it did not formally reconsider application - Decision following formal reconsideration would have been same - Appellant could rely on argument relating to affordable housing in which she had no personal interest - Town and Country Planning Act 1990, ss 70(2), 106

Lodhi v Governor of HM Prison Brixton [2002] EWHC 2029 (Admin)

Extradition and Exclusion - Habeas Corpus - Second extradition request in relation to serious drug offences in United Arab Emirates - Second request not in circumstances abuse of process - Applicant’s claim that extradition unjust by reason of delay rejected - No evidence that prisoners in UAE systematically received less favourable treatment in significant way while serving their sentences by reason of their race or nationality and that those responsible for prisons either approved and encouraged such treatment or turned blind eye to it - Extradition Act 1989, ss 6(1)(d), 11(3)(b)

Purfleet Farms Ltd v SoS for Transport, Local Government and the Regions [2002] EWCA Civ 1430

Costs - Compulsory Purchase - Lands Tribunal - Compensation claim in respect of compulsory purchase - Correct approach to award of costs to successful claimant whose award exceeded unconditional offer - Claimant entitled to costs in absence of special reason - Compensation proceedings based on principle of equivalence and not within CPR - Claimant entitled to costs unless Tribunal could readily identify situation in which claimant's conduct had led to obvious and substantial escalation of costs - Tribunal entitled in this case to award claimant only three-quarters of its costs - Lands Tribunal Act 1949, s 3(5) - Lands Tribunal Practice Direction, para 19.2

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