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Department for Transport, Environment and the Regions v Mott Macdonald Ltd and others: CA 27 Jul 2006

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

Bourhill v Young’s Executor: HL 5 Aug 1942

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

Manchester City Council v Halstead: CA 5 Nov 1997

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

Issa (Suing By her Next Friend and Father Issa) and Issa (Suing By her Next Friend and Father Issa) v Mayor and Burgesses of London Borough of Hackney: CA 19 Nov 1996

A Local Authority found guilty of a statutory nuisance is not thereby liable for a civil damages suit. Citations: Times 26-Nov-1996, [1996] EWCA Civ 998, [1997] 1 WLR 956, (1997) 29 HLR 640, [1997] Env LR 157 Links: Bailii Statutes: Public Health Act 1936 Part II (Nuisance etc) Jurisdiction: England and Wales Citing: Cited – … Continue reading Issa (Suing By her Next Friend and Father Issa) and Issa (Suing By her Next Friend and Father Issa) v Mayor and Burgesses of London Borough of Hackney: CA 19 Nov 1996

Clarke v London Borough of Newham: LT 25 Sep 2008

LT COMPENSATION – compulsory purchase – abandoned house in state of disrepair – untraceable owner – cost of repair and refurbishment – valuation – comparable transactions – Housing Act 1985 section 17 and Land Compensation Act 1961 Part 1 – compensation determined at andpound;185,000. Citations: [2008] EWLands ACQ – 304 – 2008 Links: Bailii Statutes: … Continue reading Clarke v London Borough of Newham: LT 25 Sep 2008

Moyce v National Grid Electricity Transmission Plc: LT 25 Apr 2008

COMPENSATION – electricity – preliminary issues – reference by consent – deed of grant for easement of overhead electricity line – provision for additional payment if planning permission granted for residential development – whether barn conversion for holiday lets residential development – held that it was – whether compensation to be assessed at date of … Continue reading Moyce v National Grid Electricity Transmission Plc: LT 25 Apr 2008

Purfleet Farms Ltd v Secretary of State for Transport, Local Government and the Regions: CA 15 Oct 2002

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

Abbey Investments Ltd v London Development Agency: UTLC 16 Sep 2010

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

Rank Leisure and others v Castle Vale Housing Action Trust: LT 13 Aug 2001

COMPENSATION – compulsory acquisition of leasehold shop units in run-down shopping centre – redevelopment – scheme – no scheme world – whether demand from purchaser – developer in no scheme world creating ransom or development value – whether such value existed independently of the scheme – claimants’ case rejected – compensation awarded on authority’s figures … Continue reading Rank Leisure and others v Castle Vale Housing Action Trust: LT 13 Aug 2001

Powell v Cheltenham Borough Council: LT 25 Oct 2000

COMPENSATION – Closing Order – premises unfit for human habitation – diminution in value – compensation awarded nil. – Land Compensation Act 1961 and Housing Act 1985, s.584A. Citations: [2000] EWLands LCA – 146 – 2000 Links: Bailii Jurisdiction: England and Wales Land Updated: 16 August 2022; Ref: scu.225616

Tollgate Hotels Ltd v Secretary of State for Transport: LT 1 Jun 2006

COMPENSATION – Costs – s.4(1) of Land Compensation Act 1961 – s.3(5) of Lands Tribunal Act 1949 – S. 11(1) of Compulsory Purchase Act 1965 – Interest payable on compensation agreed for injurious affection – Delay in accepting sealed offer – Reason for order for costs against claimant. Citations: [2006] EWLands ACQ – 45 – … Continue reading Tollgate Hotels Ltd v Secretary of State for Transport: LT 1 Jun 2006

Hussain v London Borough of Newham: LT 15 Feb 2006

COMPENSATION – compulsory purchase – house in dilapidated and uninhabitable condition – untraceable owner – valuation – comparable transactions – Housing Act 1985 s.17 and Land Compensation Act 1961 Part 1 – compensation determined at pounds 260,000 Citations: [2006] EWLands ACQ – 14 – 2005 Links: Bailii Jurisdiction: England and Wales Land Updated: 14 August … Continue reading Hussain v London Borough of Newham: LT 15 Feb 2006

Deep Vein Thrombosis and Air Travel Group Litigation: HL 8 Dec 2005

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

Thomas Newall Ltd v Lancaster City Council: UTLC 15 Dec 2011

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

Camrose v Basingstoke Corporation: CA 1966

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

Jumbuk Ltd v West Midlands Passenger Transport Executive: LT 4 Feb 2008

LT COMPENSATION – Compulsory purchase – acquisition of town centre site in connection with Metro scheme – planning assumptions – development costs – valuation methodology – valuation – Land Compensation Act 1961 Section 5 rule (2) – compensation awarded andpound;1,165,683.06. Citations: [2008] EWLands CON – 19 – 2007 Links: Bailii Statutes: Land Compensation Act 1961 … Continue reading Jumbuk Ltd v West Midlands Passenger Transport Executive: LT 4 Feb 2008

Stokes v Cambridge Corporation: LT 1961

The tribunal considered case concerned 5.1 ha of land with an assumption of planning permission for industrial development under Planning legislation. There was only one possible access over adjoining land in different ownership. Held: When determining the value of land compulsorily acquired by the Corporation, the Tribunal allowed for the fact that the landowner would … Continue reading Stokes v Cambridge Corporation: LT 1961

Lockwood and Others v Highways England Company Ltd: UTLC 20 Jun 2019

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

Barker v Corus (UK) Plc: HL 3 May 2006

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

Chapter Group Plc v London Regional Transport and Another: LT 25 Jan 2006

COMPENSATION – Costs – Sealed offer accepted – S.4(1) of Land Compensation Act 1961 – s.3(5) of Lands Tribunal Act 1949 – Reasonable time for acceptance of sealed offer – Guidance as to form of sealed offer Citations: [2006] EWLands CON – 87 – 2004 Links: Bailii Statutes: Land Compensation Act 1961 4(1) Jurisdiction: England … Continue reading Chapter Group Plc v London Regional Transport and Another: LT 25 Jan 2006

Fairhold Ltd v St Helens Metropolitan Borough Council: LT 1 Aug 2005

LT COMPENSATION – compulsory purchase – houses in disrepair – owner of intermediate long leasehold interest not responding to CPO – value – comparable transactions – Land Compensation Act 1961 Part 1 – compensation Citations: [2005] UKLands ACQ – 5 – 2004 Links: Bailii Statutes: Land Compensation Act 1961 Land, Damages Updated: 01 July 2022; … Continue reading Fairhold Ltd v St Helens Metropolitan Borough Council: LT 1 Aug 2005

Skupinski, Re Law of Property Act 1925: LT 30 Nov 2004

A covenant prevented new building other than for a garage. The owner proposed a three-car garage extension, but with a play-room above, for the applicant’s own use. The relevant property of the objector was not her own house, but consisted of a driveway, and a plot of land on which she hoped to be allowed … Continue reading Skupinski, Re Law of Property Act 1925: LT 30 Nov 2004

Land and Property Ltd v Restormel Borough Council: LT 9 Aug 2004

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

Garrod v London Borough of Newham: LT 20 Apr 2005

LT COMPENSATION – compulsory purchase – abandoned house in dilapidated condition – untraceable owner – comparable transactions – Housing Act 1985 s.17 and Land Compensation Act 1961 Part 1 – compensation determined at andpound;60,000 Citations: [2005] EWLands ACQ – 96 – 2002 Links: Bailii Statutes: Housing Act 1985 17, Land Compensation Act 1961 Land Updated: … Continue reading Garrod v London Borough of Newham: LT 20 Apr 2005

Colneway Ltd v Environment Agency: LT 16 Jun 2003

LT COMPULSORY PURCHASE – compensation – mineral-bearing agricultural land – land acquired to provide flood relief channel – whether statutorily assumed planning permission restricts right to extract minerals to acquiring authority only – prospects of extracting minerals in no scheme world from land taken and retained land – whether value of minerals to be assumed … Continue reading Colneway Ltd v Environment Agency: LT 16 Jun 2003

Regina v Soneji and Bullen: HL 21 Jul 2005

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

Jindal Iron and Steel Co Ltd and others v Islamic Solidarity Shipping Company Jordan Inc (“The Jordan II”): HL 25 Nov 2004

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

Porter v Secretary of State for Transport: CA 1996

Land had been compulsorily acquired for a road. The plaintiff was granted on appeal under section 18 of the 1961 Act a certificate of appropriate alternative development in respect of the land acquired, namely that the land acquired would have been suitable for residential development. Held: On a valuation on a compulsory purchase of land, … Continue reading Porter v Secretary of State for Transport: CA 1996

Cantwell v Criminal Injuries Compensation Board: HL 5 Jul 2001

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

Able (UK) Holdings Ltd v HM Inspector of Taxes: ChD 30 Jun 2006

Judges: Lightman J Citations: [2006] EWHC 1535 (Ch) Links: Bailii Jurisdiction: England and Wales Cited by: See Also – Able (UK) Ltd v Revenue and Customs ChD 19-Oct-2006 Appeal by way of case stated against a decision of the General Commissioners as to whether a certain compensation payment received by the appellant under section 31(3) … Continue reading Able (UK) Holdings Ltd v HM Inspector of Taxes: ChD 30 Jun 2006

City of London v Transport for London, Re: Billingsgate Market: UTLC 26 Oct 2018

COMPENSATION – reference to the Upper Tribunal shortly before expiry of limitation period – case ultimately settling (upon a basis involving the grant back of rights to the claimants rather than the payment of compensation) – costs applications made by both sides – whether the provisions of Land Compensation Act 1961 section 4 (1)(b) engaged … Continue reading City of London v Transport for London, Re: Billingsgate Market: UTLC 26 Oct 2018

Leech Homes Ltd v Northumberland County Council: UTLC 26 Nov 2020

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

Persimmon Homes (Midlands) Ltd and Others v Secretary of State for Transport: UTLC 22 Dec 2009

UTLC COMPENSATION – compulsory purchase – land on edge of village acquired for bypass – planning permission granted for residential development of retained land – whether highway objection to residential development in no-scheme world – whether residential planning permission would have been granted for the acquired land and the retained land in the no-scheme world … Continue reading Persimmon Homes (Midlands) Ltd and Others v Secretary of State for Transport: UTLC 22 Dec 2009

Griffiths v Salford City Council: UTLC 5 Aug 2009

UTLC COMPENSATION – compulsory purchase – dwelling house in a Regeneration Area valuation – methodology – comparables – Land Compensation Act 1961 section 5, rule (2) compensation determined at pounds 52,000 Citations: [2009] UKUT 154 (LC) Links: Bailii Statutes: Land Compensation Act 1961 5 Jurisdiction: England and Wales Land, Damages Updated: 26 May 2022; Ref: … Continue reading Griffiths v Salford City Council: UTLC 5 Aug 2009

In Re Section 14, (D) of The Land Compensation Act 1961: UTLC 8 Mar 2018

COMPENSATION – compulsory purchase – preliminary issue – ransom value – scheme highway – whether section 14(5)(d) of the Land Compensation Act 1961 engaged so as to prevent the assumption of planning permission – determined not so engaged Citations: [2018] UKUT 62 (LC) Links: Bailii Statutes: Land Compensation Act 1961 Jurisdiction: England and Wales Land … Continue reading In Re Section 14, (D) of The Land Compensation Act 1961: UTLC 8 Mar 2018

Davy v Leeds Corporation: CA 1964

Harman LJ described the section as ‘monstrous legislative morass’ and ‘a Slough of Despond’. Judges: Harman LJ Citations: [1964] 3 All ER 390, [1964] 1 WLR 1218 Statutes: Land Compensation Act 1961 6 Cited by: Appeal from – Davy v Leeds Corporation HL 1965 The Corporation declared an area in which the appellants owned some … Continue reading Davy v Leeds Corporation: CA 1964

Dingle v Associated Newspapers: CA 1961

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

Bearmans Ltd v Metropolitan Police District Receiver: CA 1961

Sellers LJ said: ‘The second plaintiffs had paid some andpound;5,000 for that theft; and for their respective losses these plaintiffs sought to recover damages under the Riot (Damages) Act, 1886’ The court considered that a liberal approach was appropriate for the admissibility of hearsay evidence in civil proceedings. Judges: Sellers LJ, Devlin LJ Citations: [1961] … Continue reading Bearmans Ltd v Metropolitan Police District Receiver: CA 1961

Berry v British Transport Commission: 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

Ryde International Plc v London Regional Transport: CA 5 Mar 2004

The landowner had developed land which was then made the subject of compulsory purchase. The court was asked how the compensation was to be calculated. The landowner expected to sell the development as a whole. The respondent argued that the profit which a purchaser would build into that purchase should affect the compensation. Held: The … Continue reading Ryde International Plc v London Regional Transport: CA 5 Mar 2004

Corr v IBC Vehicles Ltd: CA 31 Mar 2006

The deceased had suffered a head injury whilst working for the defendant. In addition to severe physical consequences he suffered post-traumatic stress, became more and more depressed, and then committed suicide six years later. The claimant appealed against refusal of an award under the 1976 Act. The judge had decided that it was not part … Continue reading Corr v IBC Vehicles Ltd: CA 31 Mar 2006

Marren v Dawson Bentley and Co Ltd: 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

Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015

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

Behic and Others v Northumberland County Council, Re Station Street, Blyth: UTLC 4 Aug 2017

UTLC COMPENSATION – Compulsory Purchase – Acquisition of land and premises in connection with town centre redevelopment scheme – valuation – disturbance – business extinguishment – Land Compensation Act 1961 section 5 rules (2) and (6) – Compensation determined at pounds 201,073 Judges: Paul Francis FRICS Citations: [2017] UKUT 269 (LC) Links: Bailii Statutes: Land … Continue reading Behic and Others v Northumberland County Council, Re Station Street, Blyth: UTLC 4 Aug 2017

Behic and Others v Northumberland County Council, Re Station Street, Blyth: UTLC 23 Jun 2017

UTLC COMPENSATION – Compulsory Purchase – Acquisition of land and premises in connection with town centre redevelopment scheme – valuation – disturbance – business extinguishment – Land Compensation Act 1961 section 5 rules (2) and (6) – Compensation determined at pounds 201,073 Citations: [2017] UKUT 269 (LC) Links: Bailii Statutes: Land Compensation Act 1961 5 … Continue reading Behic and Others v Northumberland County Council, Re Station Street, Blyth: UTLC 23 Jun 2017

OT Africa Line Ltd v Magic Sportswear Corporation and others: CA 13 Jun 2005

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

Michael v Salford City Council: UTLC 6 Sep 2016

UTLC COMPENSATION – Compulsory Purchase – site in Salford – CPO as part of wider scheme – planning permissions – methods of valuation – residual method preferred – profits of development claim rejected in addition to market value – basic loss and other costs – compensation awarded at andpound;321,702.61 – Section 5, Land Compensation Act … Continue reading Michael v Salford City Council: UTLC 6 Sep 2016

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

Botham v The Ministry of Defence: QBD 26 Mar 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

Fisher v Bell: QBD 10 Nov 1960

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

Phoenix Developments (Jpj) Ltd v Lancashire County Council: UTLC 26 Jan 2016

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

Hall v London Borough of Hillingdon: UTLC 17 Nov 2015

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

Kendon Packaging Ltd v Greater London Authority: UTLC 1 Jul 2015

UTLC COMPENSATION – compulsory acquisition of land and commercial buildings in connection with the London Olympics 2012 – disturbance – loss of profits – increased costs of replacement premises – value for money – other temporary losses – directors’ time – pre-reference costs – Land Compensation Act 1961 section 5, Rule (6) – Compensation andpound;360,596 … Continue reading Kendon Packaging Ltd v Greater London Authority: UTLC 1 Jul 2015

Five Oaks Land Ltd v London Borough of Redbridge (Compensation – Limitation): UTLC 2 Dec 2021

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

G and B Compressor Hire Ltd v The Greater London Authority: UTLC 18 May 2015

UTLC COMPENSATION – Compulsory purchase of 0.49 acre waste transfer station required pursuant to the London 2012 Olympic Park development – disturbance – loss of opportunity to expand business – temporary loss of profits – additional costs of new site not providing value for money – increased costs due to temporary relocation – professional fees … Continue reading G and B Compressor Hire Ltd v The Greater London Authority: UTLC 18 May 2015

Harris v Brights Asphalt Contractors Ltd: QBD 1953

The plaintiff was not to be prevented from recovering the costs of private medical treatment.It was argued and decided that (a) damages for the loss of earnings for the ‘lost years’ is nil, and (b) ‘the only relevance of earnings which would have been earned after death is that they are an element for consideration … Continue reading Harris v Brights Asphalt Contractors Ltd: QBD 1953

Shephard v H West and Son Ltd: HL 27 May 1963

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

Timec 1209 Llp v Salford City Council: UTLC 5 Nov 2021

COMPULSORY PURCHASE – COMPENSATION – office building acquired as part of comprehensive redevelopment of Salford City Centre – rule 2 value in no scheme world – s.5, Land Compensation Act 1961 – Compensation determined at pounds 5,597,500 [2021] UKUT 269 (LC) Bailii England and Wales Land Updated: 30 November 2021; Ref: scu.669251

Reyes and Another v Al-Malki and Another: CA 5 Feb 2015

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

Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council: SC 6 Apr 2011

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

Mintblue Propertiesltd, Re: Re: Car Park of Former E-Mag Factory: UTLC 7 Apr 2016

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

Dingle v Associated Newspapers: HL 1964

The plaintiff complained of an article written in the Daily Mail which included the reporting of a report of a Parliamentary select committee. The reporting of the select committee’s report was privileged under the Parliamentary Papers Act 1840. At trial the judge held that the part of the article which reported on the proceedings in … Continue reading Dingle v Associated Newspapers: HL 1964

Mansfield and Another v Weetabix Limited and Another: CA 26 Mar 1997

A lorry belonging to the defendants failed to take a bend crashing into the plaintiffs’ shop causing extensive damage. Mr Terence Tarleton, the driver later died, as did Mrs Mansfield. Mr Tarleton did not know he had malignant insulinoma, resulting in a hypoglycaemic state in which the brain was starved of glucose and so was … Continue reading Mansfield and Another v Weetabix Limited and Another: CA 26 Mar 1997

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

McTear v Imperial Tobacco Ltd: OHCS 31 May 2005

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

Anson v Revenue and Customs: SC 1 Jul 2015

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

Hunter and Others v Canary Wharf Ltd: HL 25 Apr 1997

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

Jindal Iron and Steel Co Ltd and others v Islamic Solidarity Shipping Company Jordan Inc (‘The Jordan II’): HL 25 Nov 2004

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

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

Pritam Kaur v S Russell and Sons Ltd: QBD 1 Jun 1972

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

Wildtree Hotels Ltd And Others v London Borough of Harrow: CA 11 Jun 1998

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

Railtrack Plc (In Railway Administration) v Guinness Limited: CA 20 Feb 2003

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

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

Roberts and Another v South Gloucestershire Council: CA 7 Nov 2002

The landowner appealed against the compensation awarded for the compulsory acquisition of his land for use as a road. The owners had been compensated only for its agricultural value, but said that it should have allowed for its value for minerals extraction. Held: The appeal failed. Carnwath LJ said: ‘The planning assumptions in the 1961 … Continue reading Roberts and Another v South Gloucestershire Council: CA 7 Nov 2002

Hunt v Evening Standard Ltd: QBD 18 Feb 2011

The defamation claimant sought that certain paragraphs of the defence should be struck out. Held: Several paragraphs of the defence were struck out, and others left. Judges: Tugendhat J Citations: [2011] EWHC 272 (QB) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Lucas-Box v News Group Newspapers Ltd; Polly Peck (Holdings) Plc v Trelford, … Continue reading Hunt v Evening Standard Ltd: QBD 18 Feb 2011

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

Burstein v Times Newspapers Ltd: CA 20 Dec 2000

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

Haq v Eastbourne Borough Council: UTLC 10 Oct 2011

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

Dunbar v Blackburn With Darwen Borough Council: UTLC 20 Apr 2011

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

East Cheshire Council, Re Heawood Hall Cottage: UTTC 14 Jan 2011

UTTC TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007COMPENSATION – compulsory purchase – value of land taken – severance and injurious affection – valuation – comparables – disturbance – Land Compensation Act 1961 section 5, rules (2) and (6); Compulsory Purchase Act 1965 section 7 – compensation determined at pounds 544,400 Citations: [2011] UKUT 18 (LC) Links: … Continue reading East Cheshire Council, Re Heawood Hall Cottage: UTTC 14 Jan 2011

BRB (Residuary) Ltd v South Yorkshire Passenger Transport Executive: LT 31 Aug 2001

COMPENSATION – Compulsory purchase 1.7 hectares of land comprising a former railway line – value – use – assumed planning permission – ransom value – Land Compensation Act 1961 s.5 rules (2) and (3) – Compensation awarded pounds 277,250 Citations: [2001] EWLands ACQ – 32 – 1997 Links: Bailii Land Updated: 23 August 2022; Ref: … Continue reading BRB (Residuary) Ltd v South Yorkshire Passenger Transport Executive: LT 31 Aug 2001

Garner and Another v Metropolitan Borough Council of Stockport: UTLC 1 Feb 2022

Compulsory Purchase – Compensation – Grazing Land and Part of Car Park Acquired for The A6 – Manchester Airport Relief Road – rule 2 value in no scheme world – s.5, Land Compensation Act 1961 – Compensation determined at pounds 584,971 Citations: [2022] UKUT 28 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 23 … Continue reading Garner and Another v Metropolitan Borough Council of Stockport: UTLC 1 Feb 2022

Greenweb Ltd v London Borough of Wandsworth: LT 17 Sep 2007

LT COMPENSATION – purchase notice – land in use as public open space – terrace of houses on land demolished during second world war – whether Third Schedule rights to be assumed – held they were – compensation andpound;1,600,000 – Land Compensation Act 1961 ss 14(1) and 15(3). Citations: [2007] EWLands LCA – 118 – … Continue reading Greenweb Ltd v London Borough of Wandsworth: LT 17 Sep 2007

Welford v Transport for London: UTLC 9 Apr 2010

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