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Cedars Rapids Manufacturing and Power Co v Lacoste: PC 1914

Land at the St Lawrence river was to be valued for a compulsory purchase. Held: Value does not mean the value of ‘the realized undertaking as it exists in the hands of the undertaker’. It means the price which possible undertakers would give. This should be tested by the imaginary market which would have ruled … Continue reading Cedars Rapids Manufacturing and Power Co v Lacoste: PC 1914

Pepper (UK) Ltd v Burnley Borough Council (Compensation – Compulsory Purchase): UTLC 27 Oct 2020

COMPENSATION – Compulsory Purchase – vacant house in disrepair acquired by General Vesting Declaration – negative equity – claim by mortgagee – unresponsive mortgagor named as interested party – compensation determined at pounds 20,000 – section 15, Compulsory Purchase Act 1965 Citations: [2020] UKUT 295 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 01 … Continue reading Pepper (UK) Ltd v Burnley Borough Council (Compensation – Compulsory Purchase): UTLC 27 Oct 2020

Ashbridge Investments Ltd v Minister of Housing and Local Government: CA 1965

The Minister had decided to confirm a CPO of premises which were now alleged not to be a house as was required by the legislation under which the order was made. Held: The court can interfere if the decision maker has taken into account a consideration which is immaterial, or failed to take account of … Continue reading Ashbridge Investments Ltd v Minister of Housing and Local Government: CA 1965

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Mid-Glamorgan County Council v Ogwr Borough Council and Others: HL 3 Feb 1995

Land remained common land despite the individual rights having been compulsorily purchased by the local Authority. Once abandoned, it remained registerable. Citations: Gazette 08-Mar-1995, Times 03-Feb-1995 Statutes: Compulsory Purchase Act 1965 Jurisdiction: England and Wales Citing: Appeal from – Mid-Glamorgan County Council v Ogwr Borough Council and Others CA 5-Nov-1993 There was no need to … Continue reading Mid-Glamorgan County Council v Ogwr Borough Council and Others: HL 3 Feb 1995

Co-operative Insurance Society Ltd v Hastings Borough Council: ChD 23 Jun 1993

The local authority made a CPO in 1981 in respect of a sports ground. The applicants later acquired the land. In 1989 the order was confirmed and in March 1989 a vesting order was made. The authority was unable to afford to complete the purchase. In October 1992, the applicant sought a declaration that the … Continue reading Co-operative Insurance Society Ltd v Hastings Borough Council: ChD 23 Jun 1993

Hillingdon London Borough Council v ARC Ltd: ChD 12 Jun 1997

The Council had taken possession of the company’s land under compulsory purchase powers, but the company delayed its claim for compensation, and the Council now said that the claim was time barred. Held: The claim was indeed time barred. The cause of action for an entry under a compulsory purchase arose at the date of … Continue reading Hillingdon London Borough Council v ARC Ltd: ChD 12 Jun 1997

Nicholls v Highways Agency: LT 31 Dec 1997

LT COMPENSATION – simplified procedure – compulsory acquisition of grassland with hardstanding and shed – whether undertaking given at CPO inquiry that compensation would be assessed on cost of reinstatement – whether compensation to be assessed under r(5) of s 5 Land Compensation Act 1961 – whether compensation for reinstatement can be claimed as disturbance … Continue reading Nicholls v Highways Agency: LT 31 Dec 1997

Halstead v Council of City of Manchester: CA 23 Oct 1997

Land had been compulsorily purchased, and the compensation agreed, but after long delays in payment, not as to the calculation of interest. Held: Interest would be payable from the date of entry. The limitation period arose only once the amount of interest payable was agreed. [1997] EWCA Civ 2555, [1998] 1 All ER 33 Bailii … Continue reading Halstead v Council of City of Manchester: CA 23 Oct 1997

Bourne Leisure (Hopton) Ltd v Great Yarmouth Port Authority: UTLC 22 Feb 2016

UTLC COMPENSATION – Injurious affection – preliminary issues – whether compensation may be claimed for loss of beach and cliff caused by change in tidal flows as a result of construction of Great Yarmouth outer harbour – whether cost of sea defence works recoverable as compensation or claim is restricted to diminution in the value … Continue reading Bourne Leisure (Hopton) Ltd v Great Yarmouth Port Authority: UTLC 22 Feb 2016

Bluefoot Foods Ltd v Greater London Authority: UTLC 25 Sep 2015

UTLC COMPENSATION – compulsory purchase – Compulsory Purchase Act 1965 section 20 – food distributor in cold store facility – business extinguished – business tenancy and statutory compensation for determination of leasehold interest- veracity of accounts and other evidence – extinguishment of value of business determined at nil – agreed compensation for other items – … Continue reading Bluefoot Foods Ltd v Greater London Authority: UTLC 25 Sep 2015

Elitestone Ltd v National Grid Gas Plc: UTLC 2 Sep 2015

UTLC Compensation – compulsory purchase of rights – sterilisation of development value – valuation – rights as ‘exercised’ – s.7 Compulsory Purchase Act 1965 as modified by Gas Act 1986, Schedule 3 para 7 – compensation andpound;Nil [2015] UKUT 452 (LC) Bailii Compulsory Purchase Act 1965 7 England and Wales Land Updated: 04 January 2022; … Continue reading Elitestone Ltd v National Grid Gas Plc: UTLC 2 Sep 2015

Miller v Network Rail Infrastructure Ltd: UTLC 8 Jul 2014

UTLC COMPENSATION – preliminary issue – pressure relief shaft constructed under licence – purpose of compulsory acquisition – whether land specially suitable for use as PRS – meaning of ‘special Act’ under s7 of Compulsory Purchase Act 1965 – whether valuation can take account of cost saving to acquiring authority of not having to remove … Continue reading Miller v Network Rail Infrastructure Ltd: UTLC 8 Jul 2014

West Midland Baptist (Trust) Association (Inc) v Birmingham Corporation: HL 1970

The mere fact that an enactment shows that Parliament must have thought that the law was one thing, does not preclude the courts from deciding that the law was in fact something different. The position would be different if the provisions of the enactment were such that they would only be workable if the law … Continue reading West Midland Baptist (Trust) Association (Inc) v Birmingham Corporation: HL 1970

Lancashire County Council, Regina (on The Application of) v SSEFRA and Another: SC 11 Dec 2019

Two appeals as to the circumstances in which the concept of ‘statutory incompatibility’ will defeat an application to register land as a town or village green where the land is held by a public authority for statutory purposes. In the first case, five plots in Lancaster were owned by LCC who objected to an application … Continue reading Lancashire County Council, Regina (on The Application of) v SSEFRA and Another: SC 11 Dec 2019

South Eastern Railway Co v London County Council: 1915

Compulsory purchase – compensation assessment – ‘Increase in value consequent on the execution of the undertaking for or in connection with which the purchase is made must be disregarded.’ Judges: Eve J Citations: [1915] 2 Ch 252 Cited by: Cited – Pointe Gourde Quarrying and Transport Co Ltd v Sub-Intendant of Crown Lands PC 29-Jul-1947 … Continue reading South Eastern Railway Co v London County Council: 1915

Argyle Motors (Birkenhead) v Birkenhead Corporation: HL 1974

The House described the way that the 1845 Act continued to affect the calculation of compensation: ‘The relevant section of the Act of 1845 (section 68) has, over 100 years, received through a number of decisions, some in this House, and by no means easy to reconcile, an interpretation which fixes upon it a meaning … Continue reading Argyle Motors (Birkenhead) v Birkenhead Corporation: HL 1974

Wright, Regina (on The Application of Wright) v Resilient Energy Severndale Ltd and Another: SC 20 Nov 2019

W challenged the grant of planning permission for the change of use of agricultural land to allow erection of a wind turbine, saying that the authority had taken into account a promise by the land owner to run the scheme as a community development contributing funds locally, and that such was not capable of being … Continue reading Wright, Regina (on The Application of Wright) v Resilient Energy Severndale Ltd and Another: SC 20 Nov 2019

Stebbing v Metropolitan Board of Works: 1870

In compensation for compulsory purchase (in this case, of graveyards), ‘value’ means value to the owner, not value to the purchaser. The graveyards were therefore of little or no value to the rector. Cockburn CJ said: ‘When Parliament gives compulsory powers, and provides that compensation shall be made to the person from whom property is … Continue reading Stebbing v Metropolitan Board of Works: 1870

In re Lucas and Chesterfield Gas and Water Board: CA 1909

Land suitable for construction of a reservoir was the subject of a compulsory purchase for that purpose. The circumstances made it very unlikely that anyone other than the Water Board would have wanted, or been able, to construct the reservoir and exploit the water collected in it. In these circumstances, and bearing in mind the … Continue reading In re Lucas and Chesterfield Gas and Water Board: CA 1909

Fraser v City of Fraserville: PC 1917

One ground on which the arbitrators’ valuation award on a compulsory purchase, was set aside was that, in valuing the falls of a river and adjacent land acquired for electricity generation purposes, the arbitrators had taken into account the enhanced value emanating from a reservoir being built by the acquiring authority higher up the river. … Continue reading Fraser v City of Fraserville: PC 1917

AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Parry v Cleaver: HL 5 Feb 1969

PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969

Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

Von Hatzfeldt-Wildensburg v Alexander: ChD 26 Jul 1911

A purchaser wrote offering to purchase a house, saying acceptance was subject to her solicitor approving title, covenants, lease and form of contract. Held: It was not a complete contract capable of enforcement: ‘It appears to be well settled by the authorities that if the documents or letters relied on as constituting a contract contemplate … Continue reading Von Hatzfeldt-Wildensburg v Alexander: ChD 26 Jul 1911

Regina v The Secretary of State for the Environment, ex Parte Ostler: CA 16 Mar 1976

Statutory Challenge must be timely The applicant had not taken objection to a proposed road scheme believing wrongly that it would not affect his business. Other objectors had withdrawn because of secret re-assurances given to them by the respondent. Held: The court was asked, in effect, whether the decision in East Elloe had been overruled … Continue reading Regina v The Secretary of State for the Environment, ex Parte Ostler: CA 16 Mar 1976

Waters and others v Welsh Development Agency: HL 29 Apr 2004

Land was to be compulsorily purchased. A large development required the land to be used to create a nature reserve. The question was how and if at all the value of the overall scheme should be considered when assessing the compensation for this plot. Held: ‘All that was necessary, since it was clear that the … Continue reading Waters and others v Welsh Development Agency: HL 29 Apr 2004

Western Fish Products Ltd v Penwith District Council and Another: CA 22 May 1978

Estoppel Cannot Oust Statutory Discretion The plaintiff had been refused planning permission for a factory. The refusals were followed by the issue of Enforcement Notices and Stop Notices. The plaintiff said that they had been given re-assurances upon which they had relied. Held: The appeal failed. The court tried to reconcile invocations of estoppel with … Continue reading Western Fish Products Ltd v Penwith District Council and Another: CA 22 May 1978

Pointe Gourde Quarrying and Transport Co Ltd v Sub-Intendant of Crown Lands: PC 29 Jul 1947

Under a wartime agreement in 1941 the UK government agreed to lease to the US Government land in Trinidad on which the US could establish a naval base. To do this the Crown acquired the Pointe Gourde land for its limestone quarry which would be used to provide materials to construct the air base. It … Continue reading Pointe Gourde Quarrying and Transport Co Ltd v Sub-Intendant of Crown Lands: PC 29 Jul 1947

Gillett v Holt and Another: CA 23 Mar 2000

Repeated Assurances Created Equitable Estoppel Repeated assurances, given over years, that the claimant would acquire an interest in property on the death of the person giving the re-assurance, and upon which the claimant relied to his detriment, could found a claim of equitable estoppel. The need for some detriment was clear. There was no need … Continue reading Gillett v Holt and Another: CA 23 Mar 2000