Richards & Anor v Somerset County Council [2001] EWLands ACQ_23_1999 (22 June 2001)

Richards & Anor v Somerset County Council [2001] EWLands ACQ_23_1999 (22 June 2001)

A change in the basis of expert valuation evidence within the same proceedings, prior to final determination and in response to a preliminary decision, does not constitute an abuse of process and should not be struck out, especially where no prejudice is caused to the opposing party.

Citation
[2001] EWLands ACQ_23_1999
Parties
Claimant: Joseph Roland Richards; Claimant: Joanne Valerie Richards; Acquiring Authority: Somerset County Council
Jurisdiction
England and Wales
Judgment Date
22 June 2001
Procedural Posture
Application to Strike Out Expert Evidence in Compensation Reference / Pre Trial Review Decision on Preliminary Application
Outcome
Application to strike out claimants' expert evidence refused.
Legal Topics
Abuse of Process, Res Judicata, Expert Evidence, Compensation Assessment
Compulsory Purchase Land Valuation Civil Procedure Abuse of Process Res Judicata Expert Evidence Compensation Assessment

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Parties

Joseph Roland Richards

Claimant

Joanne Valerie Richards

Claimant

Somerset County Council

Acquiring Authority

Procedural Posture

Application to Strike Out Expert Evidence in Compensation Reference / Pre Trial Review Decision on Preliminary Application

Legal Issues

  1. 1 Whether the claimants' new expert valuation evidence constitutes an abuse of process and should be struck out
  2. 2 Whether a change in the basis of claim within the same proceedings is permissible

Ratio Decidendi

A change in the basis of expert valuation evidence within the same proceedings, prior to final determination and in response to a preliminary decision, does not constitute an abuse of process and should not be struck out, especially where no prejudice is caused to the opposing party.

Court Disposition

Application to strike out claimants' expert evidence refused.

Orders

  • The report of Mr Martyn Jones dated 24 March 2001 is accepted by the Tribunal.
  • The reference will not be determined solely in accordance with the acquiring authority's valuer's report.