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River Thames Society v First Secretary of State

Where a party had applied to be substituted as the claimant in proceedings under s 288 of the Town and Country Planning Act 1990, the court concluded that CPR Part 19 did not apply to public law proceedings and that the issue of substitution fell to be decided under the court’s inherent jurisdiction.

29 September 2006

The applicant (L) applied to be substituted as the claimant in proceedings under s 288 of the Town and Country Planning Act 1990 that had been issued by the claimant society (R), and for a protective costs order. R had applied to quash the planning permission granted by the first respondent secretary of state on the application of the fourth respondent company (C) to redevelop the site of an old power station. L was the vice-chairman of R and had initiated R’s application under s 288 of the Act. R wished to withdraw from the proceedings, but L wanted to continue them in her own right. C argued that L should not be substituted as the claimant, as to do so would undermine the intended preclusive effect of s 288(3) of the Act, and that L was a separate person to R who had appeared before the planning inspector in her own right, and had chosen not to apply within the time period.

HELD: Application granted in part

(1) By a benign interpretation of the concept of passing an ...

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