Walker & Partners Ltd v Coal Authority [2000] EWLands LCA_48_1997 (12 December 2000)

Walker & Partners Ltd v Coal Authority [2000] EWLands LCA_48_1997 (12 December 2000)

The Tribunal determined that the appropriate compensation is the amount of depreciation in value of the subject premises as at 5 October 1994, caused by coal mining subsidence, in accordance with s.10 of the 1991 Act. The agreed technical evidence and valuation comparables supported a depreciation figure of...

Source-derived case information.

Citation
[2000] EWLands LCA_48_1997
Parties
Claimant: Walker and Partners Limited; Compensating Authority: The Coal Authority
Jurisdiction
England and Wales
Judgment Date
12 December 2000
Procedural Posture
Notice of Reference Under Coal Mining Subsidence Act 1991 / Final Determination After Hearing and Written Submissions
Outcome
Depreciation payment awarded to claimant; statutory obligations discharged upon payment.
Legal Topics
Coal Mining Subsidence, Statutory Compensation, Depreciation in Property Value, Remedial Works, Interest on Compensation
Property Law Compensation Law Administrative Law Coal Mining Subsidence Statutory Compensation Depreciation in Property Value Remedial Works Interest on Compensation

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Summary, issues, holding and outcome

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Parties

Walker and Partners Limited

Claimant

The Coal Authority

Compensating Authority

Procedural Posture

Notice of Reference Under Coal Mining Subsidence Act 1991 / Final Determination After Hearing and Written Submissions

Legal Issues

  1. 1 Did the compensating authority comply with its statutory duties under the Coal Mining Subsidence Act 1991?
  2. 2 What is the extent of damage to the property attributable to coal mining subsidence?
  3. 3 What is the appropriate amount of depreciation in value as at 5 October 1994?

Ratio Decidendi

The Tribunal determined that the appropriate compensation is the amount of depreciation in value of the subject premises as at 5 October 1994, caused by coal mining subsidence, in accordance with s.10 of the 1991 Act. The agreed technical evidence and valuation comparables supported a depreciation figure of £223,000, which the Coal Authority must pay with interest from 5 October 1994.

Court Disposition

Depreciation payment awarded to claimant; statutory obligations discharged upon payment.

Orders

  • Coal Authority to pay £223,000 to Walker and Partners Limited as depreciation under s.10 of the 1991 Act.
  • Interest to be paid from 5 October 1994 until payment.