UTLC COMPENSATION – compulsory purchase of part of forecourt to commercial premises and half road width for highway improvements – loss of rent and rental voids – injurious affection – valuation assumptions – personal time – pre-reference costs – Land Compensation Act 1961 section 5, rule (6) and Compulsory Purchase Act 1965 section 7 – … Continue reading Welford v Transport for London: UTLC 9 Apr 2010
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
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Whilst it was settled law that no compensation was payable for temporary disturbance to neighbouring land by building works on land compulsorily purchased, as soon as that disturbance came to produce physical damage, compensation became payable. Judges: Beldam and Ward LJJ and Sir Christopher Slade Citations: Gazette 23-Sep-1998, Times 24-Aug-1998, [1998] EWCA Civ 1273, [1999] … Continue reading Clift and Another v Welsh Office: CA 23 Jul 1998
LT COMPENSATION – injurious affection – Compulsory Purchase Act 1965 s 10 – preliminary issue – motorway service area – junction alterations affecting trade – whether damage suffered as result of ‘works’ – whether particular damage suffered – held claim for compensation may lie. Citations: [2006] EWLands LCA – 122 – 2005 Links: Bailii Statutes: … Continue reading Moto Hospitality Ltd v Highways Agency: LT 28 Jul 2006
LT COMPENSATION – injurious affection – hoardings erected in street during construction works outside shop premises – preliminary issue – whether claim under Compulsory Purchase Act 1965 s 10 valid – held claimant entitled to compensation for any diminution in rental value. Citations: [2003] EWLands LCA – 30 – 2003, [2004] R and VR 145 … Continue reading Ocean Leisure Ltd v Westminster City Council: LT 31 Dec 2003
The claimant company owned property next to land which had been acquired to build a new bridge across the Thames. It sought compensation for disturbance to its business from the works. Held: The state of the law was complicated and unsatisfactory. Compensation was in fact payable, though by a circuitous route. There was no special … Continue reading Westminster City Council v Ocean Leisure Limited: CA 21 Jul 2004
The company sought damages to its business on a motorway service station when works closed an access road. Held: The Secretary of State’s appeal succeeded. A claim for compensation under section 10 had not been established, at least in respect of the permanent stopping-up orders. Judges: Lord Justice Carnwath Citations: [2007] EWCA Civ 764, [2007] … Continue reading Moto Hospitality Ltd v Secretary of State for Transport: CA 26 Jul 2007
The compensation which was payable for disturbance, when works were carried out on land acquired compulsorily, did not extend to the damage caused by noise dust and vibration arising from the works. Where however damage could be brought within the section, it did not cease to be recoverable because the interruption was only temporary. Lord … Continue reading Wildtree Hotels Ltd and others v Harrow London Borough Council: HL 22 Jun 2000
Land had been purchased under compulsory purchase powers. It had been subject to restrictive covenants in favour of neighbouring land which would have prevented the development now implemented. The question was how the compensation should be . .
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
Basingstoke was to be expanded to receive overspill population from London and the corporation contracted to purchase about 550 acres from a landowner on terms that the price would be assessed as though the land had been compulsorily acquired under the 1952 Act. About 383 of the 550 acres were, in the town development plan, … Continue reading Camrose v Basingstoke Corporation: CA 1966
The water board obtained a compulsory purchase order to buy agricultural land adjoining a reservoir. The land was subject to protected tenancies under the 1948 Act. Held: (Majority) Because the land subject to notices to treat was required for a use other than agriculture the tenancies were no longer protected. The Point Gourde principle did … Continue reading Rugby Joint Water Board v Shaw-Fox: HL 1973
Judges: Lord Osborne and Lady Cosgrove And Lord Philip Citations: [2005] ScotCS CSIH – 73, 2006 SC 178, [2005] CSIH 73 Links: Bailii, ScotC Citing: Cited – Ocean Leisure Ltd v Westminster City Council LT 31-Dec-2003 LT COMPENSATION – injurious affection – hoardings erected in street during construction works outside shop premises – preliminary issue … Continue reading Logan v Scottish Water: OHCS 1 Nov 2005
Land adjoining a harbour at Vizagapatam which at that time was malarial was to be valued for compulsory purchase. The land contained a spring of clean water. The only potential purchaser of the special adaptability of the land as a water supply was the harbour authority. The High Court valued the land as partly waste … Continue reading Raja Vyricherla Narayana Gajapathiraju v Revenue Divisional Officer, Vizagapatam: PC 23 Feb 1939
UTLC COMPENSATION – compulsory purchase – acquisition of land in connection with major city centre regeneration project – valuation – injurious affection to retained land – betterment – Land Compensation Act 1961 section 5, rule (2) and section 7; Compulsory Purchase Act 1965 section 7 – Compensation pounds 746,610 Judges: Francis FRICS Citations: [2012] UKUT … Continue reading Merseyside Police Authority v Liverpool City Council: UTLC 30 Apr 2012
Compensation is payable for losses properly anticipating resumption of possession of the land. The principle of equivalence gives rise to the statutory right to interest under section 11(1). The council explained the conceptual foundation of the discounted cash flow basis of calculation: ‘In this calculation the discount rate, or capitalisation rate, comprises the rate at … Continue reading Director of Buildings and Lands v Shun Fung Ironworks Ltd: PC 20 Feb 1995
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
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
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
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
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
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
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
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
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
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
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
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
Standard Conract – Wide Exclusions, Apply 1977 Act The claimant had acquired a computer system from the defendant, which had failed. It was admitted that the contract had been broken, and the court set out to decide the issue of damages. Held: Even though Wang had been ready to amend one or two of its … Continue reading Pegler Ltd v Wang (UK) Ltd: TCC 25 Feb 2000
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
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
Compulsory Purchase Damages limited to Actual Loss Rule (6) was designed to preserve the effect of the 19th Century case-law under the 1845 Act, by which personal loss caused by the compulsory acquisition was treated as part of the value to the owner of the land: ‘the owner in a proper case – that is, … Continue reading Horn v Sunderland Corporation: CA 1941
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
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
COMPENSATION – compulsory acquisition of house in poor repair – price to be paid for freehold – comparable values – Compulsory Purchase Act 1965 s.5(3) – compensation pounds 5,700 . .
The council set out to acquire two plots of land for development for housing. After the process had begun, it was decided that some of the land should be uised for educational purposes. A Land Charge had been served but the matter not completed. A . .
