The builders had agreed as part of the planning process to indemnify the council against all claims incidental to the carrying out of the works for which permission was given. The council had to compulsorily purchase land, and sought repayment from the contractors of the compensation it had to pay.
Held: In the natural interpretation of the clause the liability to compensate the former owners of land was not described as incidental to the carrying out of the works. (Ward LJ dissenting)
Judges:
Ward, Clarke, Neuberger LJJ
Citations:
[2005] EWCA Civ 1087, Times 22-Sep-2005
Links:
Statutes:
Land Compensation Act 1973, Highways Act 1980 38
Jurisdiction:
England and Wales
Citing:
Cited – Hammersmith and City Railway Co v Brand HL 13-Jul-1869
In the absence of negligence, damage caused by operations authorised by statute is not compensatable unless the statute expressly so provides. The wording of the sections, and in particular section 6 of the Railways etc Act, only entitled a claimant . .
Cited – Wildtree Hotels Ltd and others v Harrow London Borough Council HL 22-Jun-2000
The compensation which was payable for disturbance, when works were carried out on land acquired compulsorily, did not extend to the damage caused by noise dust and vibration arising from the works. Where however damage could be brought within the . .
Cited – Argyle Motors (Birkenhead) v Birkenhead Corporation HL 1974
The House described the way that the 1845 Act continued to affect the calculation of compensation: ‘The relevant section of the Act of 1845 (section 68) has, over 100 years, received through a number of decisions, some in this House, and by no means . .
Cited – Sirius International Insurance Company (Publ) v FAI General Insurance Limited and others HL 2-Dec-2004
The appellant had taken certain insurance risks on behalf of the respondents, subject to banking indemnities. Disputes arose and were settled under a Tomlin order, which was now itself subject to challenge.
Held: The appeal was allowed. The . .
Cited by:
See Also – Wiltshire County Council v Crest Estates Ltd and others CA 5-Aug-2005
. .
Lists of cited by and citing cases may be incomplete.
Construction, Contract
Updated: 29 May 2022; Ref: scu.229685