The court considered whether the Lands Tribunal had power to award interest on an award made under a statutory power.
Held: The Lands Tribunal had power to award interest on the amount of compensation in respect of the period from the date on which the damage occurred to the date of the award. However, the decision was not to be taken as a decision that the Lands Tribunal was entitled to award interest in every case of disputed compensation from the date on which the right to compensation arises. ‘By analogy with the powers of an arbitrator appointed by agreement between the parties, the Lands Tribunal is required to apply English law, including, where appropriate, section 3 of the Law Reform (Miscellaneous Provisions ) Act 1934. It is appropriate to apply that section in the present case because: (a) as Sir John Donaldson M.R. makes clear, the claimant’s claim in their reference was for ‘compensation by way of damages’ under section 13(3)(b) of the Act of 1957; and (b) the question the statute requires the Lands Tribunal to determine is wide enough to comprehend the determination and award of interest on such damages.’ (Nourse, dissenting)
Judges:
Sir John Donaldson, Master of the Rolls, Lord Justice Nourse and Lord Justice Glidewell
Citations:
[1987] 1 QB 906
Statutes:
Coal Mining (Subsidence) Act 1957 1(4) 13(3)(b)
Jurisdiction:
England and Wales
Cited by:
Cited – Mohammed Aslam v South Bedfordshire District Council CA 21-Dec-2000
The claimant appealed an award of the Lands Tribunal of compensation for an order discontinuing his use as a slaughterhouse of premises of which he held a long lease. The tribunal had applied a discount for wastage on sheep carcasses of 25%, but had . .
Lists of cited by and citing cases may be incomplete.
Land, Damages
Updated: 13 May 2022; Ref: scu.190479