Ryde International Plc v London Regional Transport: CA 5 Mar 2004

The landowner had developed land which was then made the subject of compulsory purchase. The court was asked how the compensation was to be calculated. The landowner expected to sell the development as a whole. The respondent argued that the profit which a purchaser would build into that purchase should affect the compensation.
Held: The land was to be valued as a single whole. It was to be calculated as a disturbance loss under 5(6) rather than 5(2).
References: [2004] EWCA Civ 232, Gazette 25-Mar-2004
Links: Bailii
Judges: Lord Justice Mance Vice-Chancellor, The Vice-Chancellor Lord Justice Carnwath
Statutes: Land Compensation Act 1961 5(2) 5(6)
Jurisdiction: England and Wales
This case cites:

  • 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 . .
    (Times 27-Feb-95, [1995] 2 AC 111, )
  • Cited – Kashif Mallick v Liverpool City Council CA 14-Jul-1999
    Where payment of compensation for the compulsory purchase of land was delayed, the interest set down by the Act as prescribed from time to time was the only compensation payable for that delay. The claimant’s losses in this case by way of loss of . .
    (Times 24-Jul-99, , [1999] EWCA Civ 1832)
  • Cited – Pastoral Finance Association v The Minister 1914
    . .
    ([1914] AC 1083)
  • Cited – Gray v Inland Revenue Commissioners CA 24-Feb-1994
    Partnership interests in a tenanted freehold estate can be valued together. The court considered the ‘statutory hypothetical sale’ when valuing property for Inheritance Tax purposes: ‘The property must be assumed to have been capable of sale in the . .
    (Times 24-Feb-94, [1994] STC 360)
  • Cited – D M’Ewing and Sons v Renfrewshire County Council 1960
    . .
    ([1960] SC 53)
  • Cited – Horn v Sunderland Corporation CA 1941
    Compulsory Purchase Damages limited to Actual Loss
    Rule (6) was designed to preserve the effect of the 19th Century case-law under the 1845 Act, by which personal loss caused by the compulsory acquisition was treated as part of the value to the owner of the land: ‘the owner in a proper case – that . .
    ([1941] 2 KB 26, [1941] 1 All ER 480)

These lists may be incomplete.
Last Update: 26 November 2020; Ref: scu.194289