Saira Kabir Sheikh QC
The decision of Wyn Williams J in R (Iceland) v Newport City Council  EWHC 2502 (12 October 2010) is important because:
- It affirms that a GVD is susceptible to judicial review on all Wednesbury grounds, including collateral purpose. This is a warning to acquiring authorities not to suppose that they can simply go ahead with vesting regardless of whether the reasoning behind the original CPO may have lapsed.
- It shows that the challenge is likely to fail where the acquiring authority - as on the facts of this case - still plans to achieve the objects of the CPO, albeit more slowly than originally envisaged and with a different development partner. This will be a relief to acquiring authorities whose schemes have been partially frustrated by the financial and economic downturn of the past three years.