Robert Jack Craddock & Anor v Secretary of State for Transport
Decision date: 1 April 2021
Neutral citation: [2021] UKUT 2 (LC)
Overall AI summary confidence: high
Short overview
This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.
AI confidence in this short overview: high
This appeal concerned a blight notice served by the freehold owners of the Old Rectory against the Secretary of State for Transport under HS2 Phase 2a. The Tribunal held the Secretary of State’s counter‑notice (s.151(4)(b)) was not rendered invalid by an asterisked qualification but failed because the respondent had not shown a bona fide, practicable intention at the material date (20 Sept 2019) not to acquire the plots. The Tribunal declared the blight notice valid, deemed the Secretary of State authorised to compulsorily acquire the property, and treated notice to treat as served 1 April 2021.
Ratio decidendi
This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.
AI confidence in this ratio decidendi summary: medium
The dispositive ratio is that, for an objection under s.151(4)(b), the material date is ordinarily the date of the counter‑notice and the authority must demonstrate a bona fide, considered intention at that date which it is capable of putting into effect; subsequent evidence cannot cure an otherwise defective objection. Additions to the prescribed counter‑notice form do not automatically invalidate it but may be relevant to assessing the authority’s intention.
Obiter dicta
This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.
AI confidence in this obiter dicta summary: medium
The Tribunal noted (obiter) that in some cases the material date might be the hearing date (reflecting Purchas LJ’s reservation in Mancini) and that later evidence can illuminate the state of mind at the material date, though such evidence may be of limited assistance if it mainly reflects a later position.