The claimants were owners of properties damaged by landslip. The respondent authority asserted it had the right under the Act to elect to pay compensation rather than to executre works to re-instate the property, and also to limit the amount of compensation.
Held: The section allowed the Authority to elect either to pay compensation equal to the diminution of value in the property, or to execute works to re-instate the property. Having not made such an election, the Authority was obliged to carry out the works. That remaining duty was unaffected by the amount of costs which would have had to be allowed for if an election had been made.
Judges:
Peter Gibson, Mance LJJ, Hopper J
Citations:
Times 31-Mar-2003, [2003] EWCA Civ 204
Links:
Statutes:
Coal Mining Subsidence Act 1991 6(2)
Jurisdiction:
England and Wales
Utilities, Damages, Land
Updated: 07 June 2022; Ref: scu.181132