Compensation for subsidence damage measured by cost of repair and re-instatement. Lands Tribunal has no general power to award interest on compensation. Citations: Times 18-Jul-1995, Independent 06-Jul-1995 Statutes: Law Reform (Miscellaneous Provisions) Act 1934 3(1), Coal Industries Act 1975 2(4)(a) Jurisdiction: England and Wales Land Updated: 21 January 2023; Ref: scu.78618
Although section 3(1) of the 1934 Act expressly empowered only courts of record to include interest in sums for which judgment was given for damages or debt, arbitrators were nevertheless empowered by the agreement of reference to apply English law, including so much of that law as is to be found in the section. The … Continue reading Chandris v Isbrandtsen-Moller Co Inc: CA 1950
The amount of interest payable on compulsory purchase of land depends upon the value given to the land and the length of the period from the time of entry until reinstatement, the period during which the claimant is dispossessed. During that time, and possibly thereafter the owner has neither the land nor its value, and … Continue reading Riches v Westminster Bank Ltd: HL 1947
The plaintiffs sought damages after watching television scenes of the football match at Hillsborough at which their two daughters died after disorder. Held: Neither the risk of future injury nor anxiety at the prospect of future injury is actionable. Judges: Lord Templeman, Lord Bridge of Harwich, Lord Griffiths, Lord Goff of Chieveley, Lord Browne-Wilkinson Citations: … Continue reading Hicks v Chief Constable of the South Yorkshire Police: HL 5 Mar 1992
The company appealed the calculation of an award of damages to the respondent following the death of her husband, a former employee. The deceased had operated a company in Ireland as a property developer. The company alleged that the earnings were not directly dependent upon his input, but upon capital and otherwise. Held: Such assessments … Continue reading Cape Distribution Ltd v Aine O’Loughlin: CA 8 Feb 2001