Cases - Bryan v United Kingdom

Record details

Name

Bryan v United Kingdom

Date

[1996]

Citation

1 PLR 47

Legislation

European Convention on Human Rights

Keywords

Planning control

Summary

Mr Bryan appealed against an enforcement notice. The notice was upheld by an inspector and Bryan's appeal to the High Court was dismissed.

Bryan applied to the European Commission of Human Rights alleging a violation of Article 6(1) in that the inspector was not independent or impartial and the High Court review was insufficient to comply as the Court had no power to disturb the inspector's findings of fact.

It was held that the executive power of the Secretary of State to revoke an inspector's appointment at any time deprives the inspector of the requisite appearance of independence. However, the scope of the review of the Court was sufficient to comply. Even though it is restricted to points of law, the inspector's decision could be quashed if he had regard to irrelevant factors or disregarded relevant factors, or if the evidence was not capable of supporting a finding of fact, or if the decision was perverse or irrational.