London and Clydeside Estates Ltd v Aberdeen District Council

Facts

A council issued a certificate about land compensation but did not tell the owner of his right to appeal, as the regulations required.

Issue

Was the certificate valid?

Held

No. It was quashed.

Principle

Lord Hailsham: the mandatory and directory labels are only a guide. The court must ask what the legislature intended to be the consequence of non-compliance.

Why it matters

Moves away from rigid classification of procedural requirements.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.