The claimants sought compensation for the diminution in the values of their properties because of noise pollution from a new highway. The defendant highway authority said that liability had been transferred to its contractors, and it had not been and was not a highway maintainable at public expense.
Held: The road had been constructed for the defendant through a consortium. The construction had however been under the authority’s powers under the 1980 Act, which did not empower the authority to avoid responsibility by contracting it out. It remained liable.
Chadiwck LJ, Scott Baker LJ, Thomas LJ
 EWCA Civ 426, Times 28-May-2007
Land Compensation Act 1973 16, Highways Act 1980 24(2) 274
England and Wales
Cited – Matthews v Ministry of Defence HL 13-Feb-2003
The claimant sought damages against the Crown, having suffered asbestosis whilst in the armed forces. He challenged the denial to him of a right of action by the 1947 Act.
Held: Human rights law did not create civil rights, but rather voided . .
Cited – Ghaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
These lists may be incomplete.
Updated: 03 February 2021; Ref: scu.251775