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
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
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
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
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
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
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
UTLC COMPENSATION – mining subsidence – preliminary issues – whether damage to Wentworth Woodhouse ‘subsidence damage’ – Coal Mining Subsidence Act 1991 [2016] UKUT 432 (LC) Bailii Coal Mining Subsidence Act 1991 England and Wales Land Updated: 26 January 2022; Ref: scu.571435
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
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
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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