DB Symmetry wins in Court of Appeal, reversing statutory review judgment concerning public rights over key infrastructure for new industrial development

Client(s) DB Symmetry Ltd

Jones Day represents DB Symmetry Ltd in a statutory review claim brought by Swindon Borough Council concerning public rights over key infrastructure for a new industrial development in Swindon, United Kingdom. Following an adverse first instance decision, DB Symmetry appealed to the Court of Appeal and was successful. On 16 October 2020, the Court of Appeal delivered judgment confirming that a condition requiring dedication of land for public use without compensation is unlawful, and preferring DB Symmetry's interpretation of the condition which avoided that result.

DB Symmetry Ltd v Swindon Borough Council & Anor EWCA Civ 1331; Swindon Borough Council v (1) Secretary of State for Housing, Communities and Local Government and (2) DB Symmetry Ltd EWHC (Admin)