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.
Judges:
Chadiwck LJ, Scott Baker LJ, Thomas LJ
Citations:
Times 28-May-2007, [2007] EWCA Civ 426
Links:
Statutes:
Land Compensation Act 1973 16, Highways Act 1980 24(2) 274
Jurisdiction:
England and Wales
Citing:
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 . .
Lists of cited by and citing cases may be incomplete.
Land, Local Government, Nuisance
Updated: 11 July 2022; Ref: scu.251775