Search Results for: Coal Mining Subsidence Act 1991

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Roberts v The Coal Authority: UTLC 28 Jan 2011

UTLC COMPENSATION – mining subsidence – damage to residential property – repairs and remediation – Schedule of works – time taken to effect works – definition of ‘dwellinghouse’ – entitlement to compensation – Coal Mining Subsidence Act 1991 section 6, and Coal Mining Subsidence (Blight and Compensation for Inconvenience During Works) Regulations 1994 – Regulation … Continue reading Roberts v The Coal Authority: UTLC 28 Jan 2011

Coal Authority v Davidson and Another: TCC 9 Sep 2008

The authority sought to appeal orders for the purchase of the properties of the respondents by the authority after they had been damaged by coal mining works. Citations: [2008] EWHC 2180 (TCC) Links: Bailii Statutes: Coal Mining Subsidence Act 1991, Coal Mining Subsidence (Arbitration Schemes) Regulations 1994 Jurisdiction: England and Wales Land Updated: 19 July … Continue reading Coal Authority v Davidson and Another: TCC 9 Sep 2008

Martin and Another v The Coal Authority: LT 6 Jul 2005

LT COMPENSATION – mining subsidence – bungalow suffering successive incidences of damage – claimants rebuilding on adjacent site – whether rebuilding necessary to remedy damage to claimants’ reasonable satisfaction – cost of repairs – Coal Mining Subsidence Act 1991 section 6(2)(a) – compensation awarded andpound;53,958 Citations: [2005] EWLands LCA – 197 – 2000 Links: Bailii … Continue reading Martin and Another v The Coal Authority: LT 6 Jul 2005

Yorkshire Water Services Ltd v Coal Authority: LT 3 Feb 2004

LT Compensation – Mining subsidence – Coal Mining Subsidence Act 1991, ss.9, 13 and 44(2) – Limitation period for making Reference – When obligation to make payment in lieu of works arises – When ‘expenditure incurred’ Citations: [2004] EWLands LCA – 145 – 2002 Links: Bailii Statutes: Coal Mining Subsidence Act 1991 Jurisdiction: England and … Continue reading Yorkshire Water Services Ltd v Coal Authority: LT 3 Feb 2004

Walker and Partners Ltd v Coal Authority: LT 12 Dec 2000

LT COAL MINING SUBSIDENCE – commercial and industrial premises – extent of damage – cost of repair- depreciation – Coal Mining Subsidence Act 1991 s.10 – depreciation andpound;223,000 to be paid with interest from 5 October 199 Citations: [2000] EWLands LCA – 48 – 1997 Links: Bailii Statutes: Coal Mining Subsidence Act 1991 10 Land … Continue reading Walker and Partners Ltd v Coal Authority: LT 12 Dec 2000

Langley and others v Coal Authority: CA 21 Feb 2003

The claimants were owners of properties damaged by landslip. The respondent authority asserted it had the right under the Act to elect to pay compensation rather than to executre works to re-instate the property, and also to limit the amount of compensation. Held: The section allowed the Authority to elect either to pay compensation equal … Continue reading Langley and others v Coal Authority: CA 21 Feb 2003

Newbold and Others v The Coal Authority: UTLC 16 Feb 2012

UTLC COMPENSATION – mining subsidence – preliminary issue – damage notices – validity – whether given by owner – whether invalidated through lack of required particulars – held notices valid – Coal Mining Subsidence Act 1991 s 3, Coal Mining Subsidence (Notices and Claims) Regulations 1991 Sch 1 Citations: [2012] UKUT 20 (LC) Links: Bailii … Continue reading Newbold and Others v The Coal Authority: UTLC 16 Feb 2012

Wood v The Coal Authority: UTLC 5 Jul 2010

UTLC COMPENSATION – mining subsidence – dwellinghouse suffering damage – whether damage caused by mining subsidence – held that respondent had shown that it was not – Coal Mining Subsidence Act 1991, s40 Citations: [2010] UKUT 193 (LC) Links: Bailii Statutes: Coal Mining Subsidence Act 1991 40 Jurisdiction: England and Wales Land Updated: 26 May … Continue reading Wood v The Coal Authority: UTLC 5 Jul 2010

The Coal Authority v Pegasus Fire Protection Company Limited: SCS 12 Apr 2018

The issue for determination by the court was: whether or not the defender is obliged to indemnify the pursuer, under and in terms of condition 12 of the pursuer’s terms and conditions, in respect of all costs incurred by the pursuer in carrying out remedial action in respect of subsidence damage at the site (where … Continue reading The Coal Authority v Pegasus Fire Protection Company Limited: SCS 12 Apr 2018

Hicks v The Coal Authority: UTLC 3 Sep 2014

UTLC COMPENSATION – mining subsidence – whether damage to residential property caused by nearby mining activities or whether long standing unrelated defects – burden of proof – whether compensating authority liable to make payment pursuant to section 38 of the Coal Mining Subsidence Act 1991 – Compensation determined at andpound;38,715.39 [2014] UKUT 388 (LC) Bailii … Continue reading Hicks v The Coal Authority: UTLC 3 Sep 2014

Plunkett v The Coal Authority: UTLC 12 Jul 2013

UTLC COMPENSATION – Mining subsidence – Coal Mining Subsidence Act 1991 – damage notice – costs ‘reasonably incurred’ (section 38 of the 1991 Act) – application of the test of proportionality Sir Keith Lindblom P [2013] UKUT 212 (LC) Bailii Coal Mining Subsidence Act 1991 38 England and Wales Land Updated: 25 November 2021; Ref: … Continue reading Plunkett v The Coal Authority: UTLC 12 Jul 2013

Newbold and Others v The Coal Authority: CA 23 May 2013

Appeal by the Coal Authority against an order declaring that notices of subsidence damage were valid damage notices for the purposes of section 3 of the 1991 Act. Held: Sir Stanley Burnton said: ‘In all cases, one must first construe the statutory . . requirement in question. It may require strict compliance with a requirement … Continue reading Newbold and Others v The Coal Authority: CA 23 May 2013

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