This website uses cookies to ensure you get the best experience on our website. Learn more

Smith v. East Elloe [1956] AC 736

By Oxbridge Law TeamUpdated 04/01/2024 07:01

Judgement for the case Smith v. East Elloe

Table Of Contents

  • This case concerned compulsory purchase provisions in the Acquisition of Land (Authorisation Procedure) Act 1946. 

  • It was provided that any application must be made to the High Court within six weeks of notice of the confirmation or making of the Compulsory Purchase Order and it was further provided that otherwise the Compulsory Purchase Order should not be questioned in any legal proceedings.

  • It was held by the House of Lords that this was a plain prohibition against questioning the validity of the order, whereby the jurisdiction of the Court was ousted in respect of any proceedings other than in accordance with the statute.  

Viscount Simons

……I find it quite impossible to qualify the words of the paragraph in the manner suggested.  It may be that the legislature had not in mind the possibility of an Order being made by a local authority in bad faith or even the possibility of an Order being made in good faith being mistakenly, capriciously or wantonly challenged. This is a matter for speculation. 

What is abundantly clear is that words are used which are wide enough to cover any kind of challenge which any aggrieved person may think fit to make.  I cannot think of any wider words. Any addition would be mere tautology.

Any comments or edits about this case? Get in touch

For Further Study on Smith v. East Elloe

Administrative Law Notes
1,167 total pages
438 purchased

Administrative Law notes fully updated for recent exams at Oxford and C...

Tort Law Notes
1,070 total pages
851 purchased

Tort Law notes fully updated for recent exams at Oxford and Cambridge. ...

Need instant answers? Our AI exam tutor is here to help.

Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️

Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.

Get Started
Claim every advantage to get a first in law
Administrative Law Notes
1,167 total pages
438 purchased

Administrative Law notes fully updated for recent exams at Oxford and C...