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 had no evidence to support their conclusion, and the figure proposed had allowed for that factor. A reduced allowance for losses from sale of other parts of sheep could not be supported by the evidence, and was increased, and the tribunal should have awarded interest from the date of the discontinuance order.
Citations:
Times 18-Jan-2001, Gazette 11-Jan-2001, [2000] EWCA Civ 355
Links:
Statutes:
Town and Country Planning Act 1990 102, Planning and Compensation Act 1991
Jurisdiction:
England and Wales
Citing:
Cited – Knibb and another v National Coal Board CA 1987
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 . .
Cited – Director of Buildings and Lands v Shun Fung Ironworks Ltd PC 20-Feb-1995
Compensation is payable for losses properly anticipating resumption of possession of the land. The principle of equivalence gives rise to the statutory right to interest under section 11(1). The council explained the conceptual foundation of the . .
Cited – Bwllfa and Merthyr Dare Steam Collieries (1891) Ltd v Pontypridd Waterworks Co HL 1903
A coalmine owner claimed statutory compensation against a water undertaking which had, under its statutory authority, prevented him mining his coal over a period during which the price of coal had risen. The House was asked whether the coal should . .
Cited – President of India v La Pintada Compagnia Navigacia SA (‘La Pintada’) HL 1985
The house decided against altering the rule in Page -v- Newman. ‘The common law does not award general damages for delay in payment of a debt beyond the date when it is contractually due’ The power given to the court under s 35A is discretionary. It . .
Cited – Wright v British Railways Board HL 1983
An award of interest at a conventional rate includes an element in respect of the ‘real’ rate of return which an investor could expect to receive on a risk-free investment and an element to allow for inflation. Lord Diplock said: ‘that element of . .
Lists of cited by and citing cases may be incomplete.
Land, Planning
Updated: 31 May 2022; Ref: scu.147388
