Justine Thornton successfully defends abandonment and fairness claim

Justine Thornton successfully defends abandonment and fairness claim


CategoryNews Author Justine Thornton QC Date

Justine Thornton successfully defended a High Court challenge to quash an Inspector’s decision to refuse a lawful development certificate.

The Claimant attempted to rely on caselaw to the effect that a planning permission cannot be abandoned to allege that the Inspector had fallen into legal error and acted unfairly. The Court rejected the claim and held that the Inspector had adopted a classic evaluation exercise on the evidence. Whilst the decision letter could have been clearer in parts, read as a whole, there was no basis for showing that the decision was wrong in law or that it was unfair.

Justine appeared for the Secretary of State.


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