The court had found that, after railway works cut off highway access, and, notwithstanding the provision of a deviation road, the value of the claimant’s properties as shops had been ‘greatly diminished’ by the reduction in the number of people passing them.
Held: The court accepted, on the basis of the umpire’s finding, that the claimants’ houses had been depreciated in value ‘because the highway was stopped up, and the easy access which before existed was taken away’.
(1862) 2 BandS 617 (Ex Ch)
England and Wales
Cited – Moto Hospitality Ltd v Secretary of State for Transport CA 26-Jul-2007
The company sought damages to its business on a motorway service station when works closed an access road.
Held: The Secretary of State’s appeal succeeded. A claim for compensation under section 10 had not been established, at least in respect . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.259683