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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

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) of the Land Compensation Act 1961 was income or capital. The General Commissioners decided that the payment was income. Judges: Briggs J Citations: [2006] EWHC 3046 (Ch) Links: … Continue reading Able (UK) Ltd v Revenue and Customs: ChD 19 Oct 2006

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

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

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

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

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

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

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

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

Purnell v Purnell: 1961

Cairns J considered a request for the variation of a post-nuptial trust and said: ‘Now it is well established by authority that the variation may be such as to confer a benefit on a stranger to the settlement provided it also confers a benefit on . .

Acts

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Wilson v Liverpool Corporation: CA 1971

The claimants owned 74 acres of an area of 391 acres in Liverpool which the Corporation wanted to acquire for residential development. The authority acquired the land by agreement and made a compulsory purchase order in respect of the remainder. Held: The purpose of the Pointe Gourde principle is to prevent the compensation for the … Continue reading Wilson v Liverpool Corporation: CA 1971

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

Manuel and Others v Attorney-General; Noltcho and Others v Attorney-General: ChD 7 May 1982

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

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

Micula and Others v Romania: SC 19 Feb 2020

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

Wilson (HM Inspector of Taxes) v Clayton: ChD 29 Apr 2004

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

Kashif Mallick v Liverpool City Council: CA 14 Jul 1999

Where payment of compensation for the compulsory purchase of land was delayed, the interest set down by the Act as prescribed from time to time was the only compensation payable for that delay. The claimant’s losses in this case by way of loss of rental income had already been provided for in the calculation of … Continue reading Kashif Mallick v Liverpool City Council: CA 14 Jul 1999

Merseyside Police Authority v Liverpool City Council: UTLC 30 Apr 2012

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

Kaufman and Another The Borough Council of Gateshead: UTLC 8 Mar 2012

COMPENSATION – compulsory purchase – land required for road widening and access to development – the form of planning permission to be assumed on the basis that land allocated in the Development Plan – whether in the alternative land had ransom value – valuation – compensation determined at pounds 650,000 – Land Compensation Act 1961 … Continue reading Kaufman and Another The Borough Council of Gateshead: UTLC 8 Mar 2012

Khurana and Others v Transport for London: UTLC 29 Nov 2011

UTLC COMPENSATION – compulsory purchase – retail and office premises – valuation on investment basis – rental values – yield – disturbance – abortive relocation costs – forensic accountancy fees – claimants’ time – compensation andpound;2,200,000 – Land Compensation Act 1961 section 5, rules (2) and (6) Citations: [2011] UKUT 466 (LC) Links: Bailii Statutes: … Continue reading Khurana and Others v Transport for London: UTLC 29 Nov 2011

Azzopardi (T/A Express Homes) and Another v London Development Agency: UTLC 17 Jun 2009

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

Jedynak v Stratford-On-Avon District Council: UTLC 19 Feb 2010

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

Taff v Highway Agency: UTLC 10 Jul 2009

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

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

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

Batchelor v Kent County Council: CA 1989

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

Trocette Property Co Ltd v Greater London Council: CA 1974

Lawton LJ considered the scheme of compensation under the 1961 Act and said: ‘The assessment of compensation in cases such as this is a most difficult task calling for the judicial use of fertile imagination. Assumptions have to be made (see ss 14, 15 and 16) and some realities disregarded (eg any increase in value … Continue reading Trocette Property Co Ltd v Greater London Council: CA 1974

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

Nicholls v Highways Agency: LT 31 Dec 1997

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

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

Khan v Stockton-On-Tees Borough Council: UTLC 2 Nov 2017

UTLC COMPENSATION – Compulsory Purchase – house acquired as part of wider regeneration programme – property in derelict condition – market value – cost of repair works – residual value – loss of rental income – whether basic loss payment calculated by reference to market value or whole claim – Land Compensation Act 1961 section … Continue reading Khan v Stockton-On-Tees Borough Council: UTLC 2 Nov 2017

Chiver v St Helens Borough Council: UTLC 9 Nov 2020

Compulsory Purchase – Business Extinguished By CPO – separate car showroom building not acquired – claim for lease breakage – whether evidence sufficient to show loss – pre-reference costs determined at pounds 198,959.65 – section 5, Land Compensation Act 1961 Citations: [2020] UKUT 303 (LC) Links: Bailii Statutes: Land Compensation Act 1961 5 Jurisdiction: England … Continue reading Chiver v St Helens Borough Council: UTLC 9 Nov 2020

Boulder Bridge Lane Trust v Barnsley Metropolitan Borough Council: UTLC 14 Mar 2017

UTLC COMPENSATION – PLANNING PERMISSION – certificate of appropriate alternative development – compulsory purchase of former railway land – whether planning permission would have been granted for change of use of former operational building(s) said to be in Green Belt – conditions to be attached to agreed scrap yard and fuel recovery uses – ss. … Continue reading Boulder Bridge Lane Trust v Barnsley Metropolitan Borough Council: UTLC 14 Mar 2017

Laroche v Spirit of Adventure (UK) Ltd: CA 21 Jan 2009

Hot Air balloon was an aircraft: damages limited The claimant was injured flying in the defendant’s hot air balloon. The defendant said that the journey was covered by the 1967 Regulations and the damages limited accordingly. The claimant appealed against a decision that the balloon was an aircraft. Held: The appeal was dismissed. There was … Continue reading Laroche v Spirit of Adventure (UK) Ltd: CA 21 Jan 2009

C F and M G Roberts v South Gloucestershire District Council: LT 31 Dec 1994

LT COMPENSATION – Compulsory purchase of land for the construction of a road – value – assumed planning permission – value of minerals – planning permission for a commercial minerals operation not granted or to be assumed – compensation assessed on basis of agricultural value at andpound;17,000 – Alternative valuation (Rule 50(4) Lands Tribunal Rules … Continue reading C F and M G Roberts v South Gloucestershire District Council: LT 31 Dec 1994

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

Meredith v King’s Lynn and West Norfolk Borough Council: UTLC 12 Jan 2017

UTLC COMPENSATION – Compulsory purchase – Grade II Listed house in disrepair – owner’s failure to comply with Repairs Notice or Urgent Works Notice – development prospects – cost of repair and renovation – valuation – comparables – Section 5(2) Land Compensation Act 1961- compensation determined at andpound;125,000 Citations: [2017] UKUT 2 (LC) Links: Bailii … Continue reading Meredith v King’s Lynn and West Norfolk Borough Council: UTLC 12 Jan 2017

Lloyds Bank plc v Rosset: CA 13 May 1988

Claim by a wife that she has a beneficial interest in a house registered in the sole name of her husband and that her interest has priority over the rights of a bank under a legal charge executed without her knowledge. The case raises a point of importance in the law of registered conveyancing. Shortly … Continue reading Lloyds Bank plc v Rosset: CA 13 May 1988

Hemingby Agricultural Traders Ltd and Another v East Lindsey District Council: UTLC 28 Oct 2010

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

Bond and Others v Dorset County Council: UTLC 11 Oct 2010

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

In re Deep Vein Thrombosis and Air Travel Group Litigation: QBD 20 Dec 2002

The claimants claimed to have suffered deep vein thrombosis having been sat in cramped conditions for long periods whilst travelling by air. They sought compensation, saying that the failure by the airlines to warn them and take steps to minimise the dangers was culpable. Under the Convention they had to establish that the injuries constituted … Continue reading In re Deep Vein Thrombosis and Air Travel Group Litigation: QBD 20 Dec 2002

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

Tescan Ltd v Cornwall Council: UTLC 3 Nov 2014

UTLC COMPENSATION – planning permission – certificate of appropriate alternative development – section 17 application for ‘full open market residential’ – section 18 appeal against a nil certificate – development plan – imminent revocation of saved structure plan policies at relevant valuation date – emerging local plan policies – material considerations – National Planning Policy … Continue reading Tescan Ltd v Cornwall Council: UTLC 3 Nov 2014

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

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

Edwards v Rhondda Cynon Taff County Borough Council: UTLC 14 Oct 2014

UTLC COMPENSATION – Planning permission – Compulsory acquisition of land for village by-pass scheme – development potential – APPEAL under s.18 of the Land Compensation Act 1961 against a negative certificate issued pursuant to an application for a Certificate of Appropriate Alternative Development under s.17 of the Act – Appeal allowed [2014] UKUT 435 (LC) … Continue reading Edwards v Rhondda Cynon Taff County Borough Council: UTLC 14 Oct 2014

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

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

Cusack v London Borough of Harrow: SC 19 Jun 2013

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