COMPENSATION – prohibition order – Housing Health and Safety Rating System Regulations – category 1 hazard – flat – crowding and space – section s584A Housing Act 1985 – S.5 Land Compensation Act 1961 – Rule 4 – whether use of flat (a) contrary to law (b) detrimental to health of the occupants – nil … Continue reading Haq v Eastbourne Borough Council: UTLC 10 Oct 2011
UTLC COMPENSATION – compulsory purchase – site of former plant hire depot – planning permission – whether planning permission to be assumed on the basis that land allocated in the Development Plan – whether any other expectation of planning consent as hope value – development costs – valuation – compensation determined at andpound;1,903,689 – Land … Continue reading Abbey Investments Ltd v London Development Agency: UTLC 16 Sep 2010
The company appealed against the terms of a certificate of appropriate development. Judges: Blake J Citations: [2010] EWHC 1784 (Admin) Links: Bailii Statutes: Land Compensation Act 1961 21 Jurisdiction: England and Wales Land, Damages Updated: 24 August 2022; Ref: scu.424083
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
COMPENSATION – Compulsory purchase of land forming part of curtilage to rural property for road improvement scheme – disturbance – Land Compensation Act 1961 section 2, rule (6)- compensation determined at pounds 43,389.90 Citations: [2010] UKUT 121 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 18 August 2022; Ref: scu.415012
COMPENSATION – compulsory purchase – dwelling house in a regeneration area – valuation – comparables – Land Compensation Act 1961 section 5, rule (2) – compensation determined at pounds 96,000 Citations: [2010] UKUT 122 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 18 August 2022; Ref: scu.415014
COMPENSATION – acquisition following blight notice – development land – planning assumptions – provision of open space – access – cost of necessary highway works – contribution towards general highway improvements – date of grant of assumed planning permission – deferment – net developable area – value per acre – comparables – deduction for poor … Continue reading Purfleet Farms Ltd v Secretary of State for Environment, Transport and the Regions: LT 10 Apr 2001
COMPENSATION – compulsory purchase – preliminary issues – planning permission – whether planning permission to be assumed on the basis that land allocated in development plan – whether any other expectation of planning permission as hope value – whether reserved matters approval pursuant to existing outline planning permission to be assumed – Land Compensation Act … Continue reading Thomas Newell Ltd v Lancaster City Council: UTLC 8 Feb 2010
The date of the acquiring proposal is the date to consider as to planning aspects on deciding whether to quash a certificate of appropriate development. Judges: Dyson J Citations: Times 11-Jul-1997, [1997] EWHC Admin 538 Statutes: Land Compensation Act 1961 22(2) Jurisdiction: England and Wales Cited by: Appeal from – Secretary of State for Environment … Continue reading Fletcher Estates (Harlescott) Ltd and Executors of J V Longmore v Secretary of State for Environment and Secretary of State for Transport: Admn 10 Jun 1997
Compensation – Planning Permission – Certificate of Appropriate Alternative Development – appeal site in Green Belt – certificate granted by Council for 11 or 12 dwellings – previous outline planning permission for 14 dwellings granted in 2015 – certificate sought for development of nine dwellings – held that planning obligations policies apply to smaller development … Continue reading Lockwood and Others v Highways England Company Ltd: UTLC 20 Jun 2019
LT COMPENSATION – modification of planning permission by deletion of retail use from permitted development – depreciation in land value – no approval of reserved matters at valuation date – basis of valuation – whether it is to be assumed that approval granted – compensation for depreciation in land value, andpound;1,586,000 – abortive costs – … Continue reading Land and Property Ltd v Restormel Borough Council: LT 9 Aug 2004
When calculating the losses suffered by a victim of crime, the allowance to be made for losses to a retirement pension through having to retire early should have set off against them, the benefits received by way of payments for his ill-health, which payments he would not have received but for the incident. The section … Continue reading Cantwell v Criminal Injuries Compensation Board: HL 5 Jul 2001
COMPENSATION – COSTS – certificate of appropriate alternative development – whether the Upper Tribunal has power to award costs in an appeal under s.18, Land Compensation Act 1961 – whether proceedings for compensation for compulsory purchase – s.29, Tribunals, Courts and Enforcement Act 2007 – rule 10(6)(a), Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 … Continue reading Leech Homes Ltd v Northumberland County Council: UTLC 26 Nov 2020
UTLC COMPENSATION – Compulsory purchase of shop and residential accommodation – valuation – basic loss payment – compensation determined at pounds 550,000 – Land Compensation Act 1961 section 5, rule (2)and Land Compensation Act 1973, section 33A Citations: [2010] UKUT 46 (LC) Links: Bailii Statutes: Land Compensation Act 1961 5, Land Compensation Act 1973 33A … Continue reading Jedynak v Stratford-On-Avon District Council: UTLC 19 Feb 2010
UTLC COMPENSATION – compulsory purchase – preliminary issue – valuation of land with lawful use certificates and planning permission – claimant operating without necessary waste management licence – Land Compensation Act 1961, section 5(4 ) – whether any increase in value due to unlawful use that should not be taken into account. Citations: [2009] UKUT … Continue reading Taff v Highway Agency: UTLC 10 Jul 2009
A defamation of the claimant had been published and then repeated by others. Held: The court discussed the logical impossibility of apportioning damage between different tortfeasors: ‘Where injury has been done to the plaintiff and the injury is indivisible, any tortfeasor whose act has been a proximate cause of the injury must compensate for the … Continue reading Dingle v Associated Newspapers: CA 1961
The plaintiff had been prosecuted by the defendant for pulling the emergency cord on a train without proper cause. After acquittal and payment of part of her costs, she sued for malicious prosecution, saying the damages were the part of her defence costs not awarded. The defendant replied that this was not claimable loss. Held: … Continue reading Berry v British Transport Commission: CA 1961
Compensation was sought for injuries received in the course of employment. Held: The limitation period was to be calculated to have started on the day after the occurrence which founded the claim, the day itself being excluded from the calculation. Judges: Havers J Citations: [1961] 2 All ER 270, [1961] 2 QB 135 Statutes: Limitation … Continue reading Marren v Dawson Bentley and Co Ltd: 1961
UTLC COMPENSATION – Compulsory Purchase of Grade II listed buildings in poor repair – valuation by comparables or residual method – cost of repair and reinstatement – Land Compensation Act 1961 section 5, rule (2) – compensation determined at pounds 32,500 [2010] UKUT 390 (LC) Bailii Land Compensation Act 1961 England and Wales Land Updated: … Continue reading Hemingby Agricultural Traders Ltd and Another v East Lindsey District Council: UTLC 28 Oct 2010
UTLC COMPENSATION – Compulsory acquisition of dwellinghouse following acceptance of a blight notice – valuation – comparables – Land Compensation Act 1961 section 5, rule (2) – total compensation andpound;170,445 P R Francis FRICS [2010] UKUT 405 (LC), [2011] RVR 199 Bailii England and Wales Land Updated: 23 January 2022; Ref: scu.569610
UTLC COMPENSATION – modification order – preliminary issue – leaseholder claimant – freeholder granting lease to another person on expiry of claimant’s lease – whether compensation could be claimed on basis that in the absence of the modification a new lease would have been granted to the claimant – held that it could not – … Continue reading Bond and Others v Dorset County Council: UTLC 11 Oct 2010
The claimant had been employed by the MOD. He was summarily dismissed for gross misconduct, and he was then placed on the list of persons unsuitable for work with children. He succeeded at the Tribunal in a claim for unfair and wrongful dismissal. The employer had failed to follow the contractual procedure, and the dismissal … Continue reading Botham v The Ministry of Defence: QBD 26 Mar 2010
A shopkeeper displayed a flick-knife in his window for sale. A price was also displayed. He was charged with offering it for sale, an offence under the Act. The words ‘offer for sale’ were not defined in the Act, and therefore the magistrates construed them as under the general law of contract, in which case … Continue reading Fisher v Bell: QBD 10 Nov 1960
UTLC COMPENSATION – planning permission – compulsory acquisition of land required for local employment regeneration site – appeals against certificates of appropriate alternative development – appeals upheld in part – Land Compensation Act 1961, s18 [2014] UKUT 413 (LC) Bailii England and Wales Planning Updated: 04 January 2022; Ref: scu.552340
Claim included in statement of case covering multiple references filed within time – notice of reference filed after expiry of limitation period – whether claim referred to Tribunal within time – s.1, Land Compensation Act 1961 – s.9, Limitation Act 1980 – rr.7 and 28, Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 Martin Rodger, … Continue reading Five Oaks Land Ltd v London Borough of Redbridge (Compensation – Limitation): UTLC 2 Dec 2021
UTLC Compensation – planning permission – compulsory acquisition of land required for new highway – appeal against certificate of appropriate alternative development restricting residential development to 100% affordable housing – development plan – material consideration of extant planning permission on balance of site – Land Compensation Act 1961, s18 – appeal allowed [2016] UKUT 172 … Continue reading Mintblue Propertiesltd, Re: Re: Car Park of Former E-Mag Factory: UTLC 7 Apr 2016
UTLC COMPENSATION – compulsory purchase – open storage land acquired as part of Morrisons foodstore – whether Case 2 of First Schedule to Land Compensation Act 1961 applies where other land not developed in accordance with current development plan – whether demand for foodstore existed – whether land required for foodstore would have been made … Continue reading Graham v The Council of The City of Newcastle Upon Tyne: UTLC 20 Jan 2010
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
UTLC COMPENSATION – compulsory purchase – dwelling house in poor repair – valuation of freehold interest – disturbance – other issues outside Tribunal’s jurisdiction – Land Compensation Act 1961 section 5, rules . .
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
Temporary, if damaging disturbance which fell short of actual damage to a neighbour’s land and which was caused by works executed on land which had been purchased compulsorily, was not normally claimable and not by the owner of only a temporary interest. Citations: Gazette 08-Jul-1998, Gazette 17-Jun-1998, Times 22-Jun-1998, [1998] EWCA Civ 978, [1998] 3 … Continue reading Wildtree Hotels Ltd And Others v London Borough of Harrow: CA 11 Jun 1998
Claims arose from accidents caused by standing water on roadway surfaces after drains had not been cleared by the defendants over a long period of time. The Department appealed a decision giving it responsibility under a breach of statutory duty under the 1980 Act. Held: The appeal failed. The court was asked whether Burnside v … Continue reading Department for Transport, Environment and the Regions v Mott Macdonald Ltd and others: CA 27 Jul 2006
When considering claims for damages for shock, the court only recognised the action lying where the injury by shock was sustained ‘through the medium of the eye or the ear without direct contact.’ Wright L said: ‘No doubt, it has long ago been stated and often restated that if the wrong is established the wrongdoer … Continue reading Bourhill v Young’s Executor: HL 5 Aug 1942
The plaintiff sought damages following the death of her husband when working for the defendants. He had died on 5 September 1967 but the writ was not issued until Monday 7 September 1970. The applicable limitation period was 3 years, which the defendants relied upon. The plaintiff argued that since the writ could not be … Continue reading Pritam Kaur v S Russell and Sons Ltd: QBD 1 Jun 1972
The case involved an appeal from the Land’s Tribunal arbitration award setting compensation for land to be acquired. The question was whether the value should have been that acceptable to a willing seller, or to a ‘a company regulated and subsidised by central government and subject to the political pressures as were the Claimants themselves’. … Continue reading Railtrack Plc (In Railway Administration) v Guinness Limited: CA 20 Feb 2003
Interest is payable after a compulsory purchase strictly in accordance with the Act, even though this might lead to a windfall gain to the landowner because of the substantial delay in payment. Citations: Gazette 05-Nov-1997, Times 14-Nov-1997 Statutes: Land Compensation Act 1961 5 Jurisdiction: England and Wales Land Updated: 10 November 2022; Ref: scu.83367
No issue estoppel on land value arose from a previous Secretary’s finding on Lands Tribunal. Citations: Times 03-Jun-1996, [1996] 3 All ER 693 Statutes: Land Compensation Act 1961 18 Jurisdiction: England and Wales Cited by: Cited – Forrester v The Secretary Of State For The Environment And South Buckinghamshire District Council Admn 14-Mar-1997 The applicant … Continue reading Porter and Another v Secretary of State for Transport: CA 3 Jun 1996
Citations: [2003] EWCA Civ 160 Links: Bailii Statutes: Land Compensation Act 1961 5(4) Jurisdiction: England and Wales Land, Damages Updated: 25 October 2022; Ref: scu.181109
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
Where a defendant in a defamation action sought to reduce the damages payable by arguing that the claimant had a reduced or damaged reputation, he could include evidence about particular facts only where these were directly connected to the background circumstances which led to the offending publication. General evidence was admissible, but particular evidence of … Continue reading Burstein v Times Newspapers Ltd: CA 20 Dec 2000
UTLC COMPENSATION – compulsory purchase – property acquired by agreement as though compulsorily acquired – bridging loan for replacement property bought 12 months before authority took possession – whether claimant entitled to payment for this – held he was not – Land Compensation Act 1961, ss 5, 10A. Citations: [2011] UKUT 169 (LC) Links: Bailii … Continue reading Dunbar v Blackburn With Darwen Borough Council: UTLC 20 Apr 2011
UTLC COMPENSATION – compulsory purchase – dwelling house in poor repair – valuation of freehold interest – Land Compensation Act 1961 section 5, rule (2) – compensation and 35,750 pounds Citations: [2011] UKUT 192 (LC) Links: Bailii Jurisdiction: England and Wales Land, Damages Updated: 13 September 2022; Ref: scu.440790
The appellant had sought compensation after compulsory acquisition of his land. He had beaten the final offer made by the respondent, but the tribunal had judged the landowner’s offer itself to be so high that it awarded only part of the costs. He appealed. Held: A finding as to the applicant’s own offer could not … Continue reading Purfleet Farms Ltd v Secretary of State for Transport, Local Government and the Regions: CA 15 Oct 2002
The plaintiff was injured whilst at work in one of the defendant’s collieries. The House considered the deductibility from damages awarded for personal injury of a collateral benefit. Held: The issue of deductibility where the claim is for loss of pension cannot be properly answered without a clear understanding of the nature of the loss … Continue reading Longden v British Coal Corporation: HL 13 Mar 1997
The appellants had suffered deep vein thrombosis whilst travelling on long haul air flights. The defendants said that their liability was limited because the injuries were not accidents. Held: The claimants’ appeal failed. The definition of accident in Fenton required adjustment in this context: for Convention purposes the ‘loss or hurt’ cannot itself be the … Continue reading Deep Vein Thrombosis and Air Travel Group Litigation: HL 8 Dec 2005
UTLC COMPENSATION – compulsory purchase – preliminary issues – planning permission – whether permission to be assumed on basis that land ‘allocated’ in development plan – whether planning permission to be assumed under no-scheme rule – cancellation assumption – chances of planning permission for different development options – Spirerose – Land Compensation Act 1961 s16(2). … Continue reading Urban Edge Group Ltd v London Underground Ltd: UTLC 4 Jun 2009
The parties entered an agreement to distribute and sell goods in the UK. They disagreed as to the meaning of a term governing the termination of the distributorship. Held: The court can not take into account the post-contractual conduct or statements of the parties in order to determine the meaning and effect of the contract. … Continue reading F L Schuler AG v Wickman Machine Tools Sales Limited: HL 4 Apr 1973
COMPENSATION – compulsory purchase – former mill building occupied by various businesses – value – whether planning permission required to use bulk of accommodation as offices – held that it was – cost of essential repairs – whether 50 per cent vacancy rate should be adjusted to reflect impact of proposed CPO – held that … Continue reading Thomas Newall Ltd v Lancaster City Council: UTLC 15 Dec 2011
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
Land was to be valued at the date of the proposal to acquire it compulsorily allowing a discount for any damage to the value incurred by the long expectation of that particular proposal and its consequences and not by reference to another proposal which it replaced. Buxton LJ: ‘[The landowners] contended that . . the … Continue reading Secretary of State for Environment v Fletcher Estates (Harlescott) Limited and Secretary of State for Environment v Newell; Longmore and Longmore (the Executors of J V Longmore): CA 11 Jun 1998
The authority appealed against an order requiring it to pay a sum in compensation on the purchase of land which was more than one hundred times its market value. Held: Where the authority compulsorily acquired open land after declining a planning application for that land by the owner, it was to be valued on the … Continue reading Greenweb Ltd v London Borough of Wandsworth: CA 31 Jul 2008
LT COMPENSATION – Compulsory purchase – acquisition of retail premises in connection with major city centre regeneration project – valuation method – whether total extinguishment or notional relocation – suitability of alternative premises – value of existing lease (rule 2) – disturbance (rule 6) – Land Compensation Act 1961 s.5 – compensation awarded andpound;700,000 Citations: … Continue reading Crowley and Another (T/A Contraband Discount Stores) v Liverpool PSDA Ltd and Another: LT 14 Feb 2007
The claimants sought damages after contracting meselothemia working for the defendants. The defendants argued that the claimants had possibly contracted the disease at any one or more different places. The Fairchild case set up an exception to the rule, so that the defendants could be liable for all the losses despite the fact that others … Continue reading Barker v Corus (UK) Plc: HL 3 May 2006
LT COMPENSATION – compulsory acquisition of leasehold shop and premises – total extinguishment of business – disturbance – analysis of accounts – treatment of wife’s earnings – depreciation of capital assets – multiplier – Land Compensation Act 1961 s1 – Award: andpound;73,176. Citations: [2001] EWLands ACQ – 105 – 1999 Links: Bailii Jurisdiction: England and … Continue reading Halil v London Borough of Lambeth: LT 2 Mar 2001
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not invalidate them. Held: The appeal was allowed. The confiscation orders made by the … Continue reading Regina v Soneji and Bullen: HL 21 Jul 2005
The plaintiffs were Indian Chiefs from Canada. They complained that the 1982 Act which granted independence to Canada, had been passed without their consent, which they said was required. They feared the loss of rights embedded by historical treaties. The Attorney General sought the strike out of the claims. Held: The application for a strike … Continue reading Manuel and Others v Attorney-General; Noltcho and Others v Attorney-General: ChD 7 May 1982
Cargo was damaged by rough handling during loading and/or discharging, and/or inadequate stowage due to failure to provide dunnage, failure to secure the coils and/or stacking them so that the bottom layers were excessively compressed. The House was asked to depart from an interpretation of the rules which had stood and been applied for more … Continue reading Jindal Iron and Steel Co Ltd and others v Islamic Solidarity Shipping Company Jordan Inc (“The Jordan II”): HL 25 Nov 2004
The appellant sought to enforce a international arbitration award against the respondent. The award was made under an arrangement which later became unlawful on Romania’s accession to the EU, and Romania obtained s stay pending resolution by the CJEU. Held: The stay was lifted. Judges: Lady Hale, Lord Reed, Lord Hodge, Lord Lloyd-Jones, Lord Sales … Continue reading Micula and Others v Romania: SC 19 Feb 2020
Taxability of compensation paid on compromise of claims after dismissal. The employer introduced new terms, withdrawing car benefits. Having refused the new terms the taxpayer was dismissed. A tribunal held him unfairly dismissed. The council re-instated him and others and made a compensatory payment. The Revenue contended that the re-instatement made the payment taxable. Held: … Continue reading Wilson (HM Inspector of Taxes) v Clayton: ChD 29 Apr 2004
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
UTLC COMPENSATION – compulsory purchase of shop premises – valuation of occupier’s interest – disturbance – Land Compensation Act 1961 Section 5, rules (2), (5) and (6). Compensation determined at andpound;50,282.82 Judges: Francis FRICS Citations: [2009] UKUT 110 (LC), [2010] RVR 112 Links: Bailii Statutes: Land Compensation Act 1961 5 Jurisdiction: England and Wales Land, … Continue reading Azzopardi (T/A Express Homes) and Another v London Development Agency: UTLC 17 Jun 2009
The Council had compulsorily acquired land for highway improvement. It was within an area scheduled for residential development. Outline permission for development of neighbouring land had been granted but the development could not proceed until the road improvements, including the construction of a roundabout, had been carried out. The compulsorily acquired plot was the site … Continue reading Batchelor v Kent County Council: CA 1989
LT Compensation on compulsory purchase of business land included loss on forced machinery sale, accountants fees and so on. Citations: Gazette 11-Mar-1998 Statutes: Land Compensation Act 1961 Jurisdiction: England and Wales Land Updated: 10 April 2022; Ref: scu.89233
The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, ParkingEye Ltd v Beavis, raised the issue at a consumer level, with a separate issue under the … Continue reading Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015
The parties to a contract had agreed that the proper law for the contract was England. One party commenced proceedings in Canada, and the courts of Canada had accepted jurisdiction as the most appropriate and convenient forum to resolve the dispute. Proceedings were also begun in England, and the original Canadian claimant now appealed a … Continue reading OT Africa Line Ltd v Magic Sportswear Corporation and others: CA 13 Jun 2005
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
UTLC COMPENSATION – Compulsory Purchase – acquiring authority exercising option to purchase – purchase price determined by expert appointed under option agreement – land then vested by use of compulsory powers – reference for compensation – application to strike out – whether Tribunal has jurisdiction to determine compensation – section 1, Land Compensation Act 1961 … Continue reading Phoenix Developments (Jpj) Ltd v Lancashire County Council: UTLC 26 Jan 2016
UTLC COMPENSATION – compulsory purchase – land acquired pursuant to a s.106 Agreement connected with major development of offices and park on reclaimed land – whether special value (if any) to developer to be left out of account under Pointe Gourde – estoppel – planning status – ransom value – hope value – disturbance – … Continue reading Hall v London Borough of Hillingdon: UTLC 17 Nov 2015
UTLC COMPENSATION – COSTS – temporary possession under Crossrail Act 2008 – whether Tribunal has power to award costs in reference – s.4, Land Compensation Act 1961 – rule 10, Tribunal Procedure (Upper Tribunal)(Lands Chamber) Rules 2010 [2015] UKUT 356 (LC) Bailii England and Wales Land Updated: 02 January 2022; Ref: scu.549872
Where a certificate of appropriate development was issued for land to be acquired compulsorily, the land was to be valued at the date of the proposal to acquire it compulsorily allowing a discount for any damage to the value incurred by the long expectation of that particular proposal and its consequences and not by reference … Continue reading Newell and others v Secretary of State for the Environment and Another; Fletcher Estates (Harlescott) Ltd v Secretary of State for the Environment and Another: HL 17 Feb 2000
The landowner practised from property in Harrow. The former garden had now for many years been used as a forecourt open to the highway, for parking cars of staff and clients. Cars crossed the footpath to gain access, and backing out into the road when leaving. That use was recognised as lawful under planning law. … Continue reading Cusack v London Borough of Harrow: SC 19 Jun 2013
UTLC COMPENSATION – Compulsory purchase of 1.1 acre waste transfer site -planning assumptions – valuation – disturbance – extinguishment of business – pre-possession ‘shadow period’ losses – management time – re-investment costs – Land Compensation Act 1961 section 5 rules (2) and (6), sections 14(3) and 16(3) and section 10A – compensation determined at andpound;2,580,747 … Continue reading Halpern and Others v Greater London Authority: UTLC 18 Mar 2014
The House looked at how personal injury damages shoud be set in cases of severe injury.Lord Pearce said: ‘[i]f a plaintiff has lost a leg, the court approaches the matter on the basis that he has suffered a serious physical deprivation no matter what his condition or temperament or state of mind may be’. And: … Continue reading Shephard v H West and Son Ltd: HL 27 May 1963
The claimant was injured at work as a consequence of the defender’s negligence. His injuries became more severe, and he came to suffer a disabling depression. Held: the Inner House had been wrong to characterise the Outer House decision as incorrect. Since the pursuer suffered physical injuries the starting point is that he was a … Continue reading Simmons v British Steel plc: HL 29 Apr 2004
No damages for Psychiatric Harm Alone The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the plaintiffs’ claims as employees. An employer has a duty to protect his employees … Continue reading White, Frost and others v Chief Constable of South Yorkshire and others: HL 3 Dec 1998
The claimants wished to make employment law claims alleging, inter alia, that they had suffered racial discrimination and harassment, and had been paid less than the national minimum wage aganst the respondents. They had been assessed as having been subject to human trafficking. They appealed against dismissal of their claims under section 31 the 1964 … Continue reading Reyes and Another v Al-Malki and Another: CA 5 Feb 2015
The land-owner had planning permission to erect a barn, conditional on its use for agricultural purposes. He built inside it a house and lived there from 2002. In 2006. He then applied for a certificate of lawful use. The inspector allowed it, and the Council appealed. The Council now also argued that parliament could not … Continue reading Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council: SC 6 Apr 2011
The defendant hospital had custody of sperm samples given by the claimants in the course of fertility treatment. The samples were effectively destroyed when the fridge malfunctioned. Each claimant was undergoing chemotherapy which would prevent them providing future samples. They appealed a finding that they they had no losses, based on the suggestion that the … Continue reading Yearworth and others v North Bristol NHS Trust: CA 4 Feb 2009
The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the 1989 Regulations came into effect. The claimant had worked in a factory between 1971 and 2001, sustaining noise induced hearing losses before 1989. The defendant companies now appealed against a finding of liability. … Continue reading Baker v Quantum Clothing Group Ltd and Others: SC 13 Apr 2011
The claimant’s employment by the bank had been terminated. The parties disputed the sums due, and the date of the termination of the contract. The court was asked ‘Does a repudiation of a contract of employment by the employer which takes the form of an express and immediate dismissal automatically terminate the contract?’ Held: Mr … Continue reading Societe Generale, London Branch v Geys: SC 19 Dec 2012
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
The parties had cohabited for a long time, in a home bought by Ms Dowden. After the breakdown of the relationship, Mr Stack claimed an equal interest in the second family home, which they had bought in joint names. The House was asked whether, when a conveyance into joint names indicates only that each party … Continue reading Stack v Dowden: HL 25 Apr 2007
The claimant had been found to have been wrongfully detained under section 3. He appealed against rejection of his claim for judicial review and for damages. The court found that his detention was lawful until declared otherwise. He argued that the restriction on compensation under the 1983 Act contravened the ECHR. Held: The detention was … Continue reading TTM v London Borough of Hackney and Others: CA 14 Jan 2011
Rectification – Chartbrook not followed Opportunity for an appellate court to clarify the correct test to apply in deciding whether the written terms of a contract may be rectified because of a common mistake. Held: The appeal failed. The judge was right to conclude that an objective observer would have understood – just as Barclays … Continue reading FSHC Group Holdings Ltd v Glas Trust Corporation Ltd: CA 31 Jul 2019
Compulsory Purchase Compensation – Land As it Is The House considered the basis of calculation of compensation on the compulsory purchase of land without planning permission, but where permission would probably be granted. The appellant challenged the decision which had treated the probability as equal to certainty. Held: The appeal succeeded. The land should not … Continue reading Transport for London (London Underground Ltd) v Spirerose Ltd: HL 30 Jul 2009
The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this. Held: The action failed. The plaintiff had not proved that the smoking of cigarettes was the cause of the lung cancer, and it was … Continue reading McTear v Imperial Tobacco Ltd: OHCS 31 May 2005
Interpretation of Double Taxation Agreements This appeal is concerned with the interpretation and application of a double taxation agreement between the United Kingdom and the United States of America. A had been a member of an LLP in Delaware, and he was resident within the UK, but not domiciled here. He was liable to UK … Continue reading Anson v Revenue and Customs: SC 1 Jul 2015
The claimant had obtained a freezing order against the defendants. His claim having been dismissed, the court now considered if and what damages should be paid under the cross-undertaking he had given. Held: Setting out and applying the principles appropriate to such claims, the court found that the defendants had not established that, but for … Continue reading Soutzos v Asombang and Others: ChD 21 Jun 2011
The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit her enjoyment of her land. Held: The interference with TV reception by an … Continue reading Hunter and Others v Canary Wharf Ltd: HL 25 Apr 1997
LT COMPENSATION – compulsory purchase – acquisition of land adjoining highway for improvement of junction and to provide access to housing land – proposed link road to proposed bypass – scheme underlying the . .
The claimants had been air passengers who were unlawfully detained in Kuwait, when their plane was captured whilst on the ground on the invasion of Kuwait. They sought damages for that detention.
Held: There are no exceptions to the Warsaw . .
The applicants were passengers who claimed damages for psychiatric injury, after accidents in aircraft.
Held: The Convention created strict liability on air carriers, but explicitly restricted damages to be payable for ‘bodily injury’. That . .
The plaintiff sought damages following the death of her husband when working for the defendant. The limitation period expired on Saturday 5 September 1970. The writ was issued on the Monday following.
Held: The appeal succeeded. The writ was . .
The claimant was a property developer, which sought to sell a row of shops at auction. One lot was a Woolworths store, where the company owned both freehold and leasehold interests, with Woolworths occupying an underlease, which the claimant had . .
References: [2004] UKHL 49, Times 26-Nov-2004, [2005] 1 WLR 1363, [2005] 1 All ER 175 Links: Bailii, House of Lords Coram: Lord Bingham of Cornhill Lord Nicholls of Birkenhead Lord Steyn Lord Hoffmann Lord Scott of Foscote Cargo was damaged by rough handling during loading and/or discharging, and/or inadequate stowage due to failure to provide … Continue reading Jindal Iron and Steel Co Ltd and others v Islamic Solidarity Shipping Company Jordan Inc (‘The Jordan II’): HL 25 Nov 2004
