Where there is no original equity affecting the claim of a party to compensation under the 68th section of the Lands Clauses Consolidation Act, in respect of lands injuriously affected, the statute does not create such an equity ; but where there is an original equity affecting the claim the statute does not take it away.
Where, therefore, an agreement for such compensation has been completed and carried out, and the satisfaction perfected, there is no ground for the interference of the Court, arising out of the provision of the statute ; but where the Defendant has received the consideration for perfecting the satisfaction, and refuses to perfect it, and a case for specific performance arises, there is nothing in the statute to exclude the interposition of the Court.
The Court does not interfere by injunction to restrain parties who insist that their property has been injuriously affected within the meaning of the 68th section of the Lands Clauses Consolidation Act from prosecuting their claim under the Act, upon the mere ground that the Act has not provided the means of determining the preliminary question whether the property has been injuriously affected or not. But whether the same rule applies to a case in which there are several grounds of claim, some of which have been satisfied – quaere
[1852] EngR 420, (1852) 9 Hare 745, (1852) 68 ER 716
Commonlii
England and Wales
Updated: 14 October 2021; Ref: scu.295543