Disposal of allotments without Secretary of State approval (R (on the application of Adamson) v Kirklees Metropolitan Borough Council)

Table of contents

• What was the background?
• What did the court decide?
• What are the practical implications of this case?

Article summary

Local Government analysis: A challenge brought by an allotment holder against a local council concerning the disposing of allotments without the consent of the Secretary of State required the High Court to assess whether the Kirklees Metropolitan Borough Council (the Council) held the land for a particular statutory purpose. The decision highlighted the care councils must take before disposing of or appropriating land used for a particular purpose. Rosalind Andrews, partner, at Harrison Clark Rickerbys, considers the decision and the implications of the case.