Brown v Bridgnorth District Council [2002] EWLands ACQ_63_2002 (06 November 2002)

Brown v Bridgnorth District Council [2002] EWLands ACQ_63_2002 (06 November 2002)

Compensation is determined as the market value of the property in good repair at the valuation date less the actual cost of repairs based on competitive tender, with surveyor's fees awarded under Rydes Scale but not for a separate building survey report; home loss payment is outside Tribunal's jurisdiction.

Citation
[2002] EWLands ACQ_63_2002
Parties
Claimant: Sydney Brown; Acquiring Authority: Bridgnorth District Council
Jurisdiction
England and Wales
Judgment Date
06 November 2002
Procedural Posture
Compulsory Acquisition Compensation Reference / Final Determination
Outcome
Compensation determined for compulsory acquisition.
Legal Topics
Compensation Assessment, Home Loss Payment, Surveyor's Fees, Valuation Methodology
Property Law Compulsory Acquisition Land Compensation Compensation Assessment Home Loss Payment Surveyor's Fees Valuation Methodology

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Sydney Brown

Claimant

Bridgnorth District Council

Acquiring Authority

Procedural Posture

Compulsory Acquisition Compensation Reference / Final Determination

Legal Issues

  1. 1 Assessment of compensation for compulsory acquisition
  2. 2 Entitlement to home loss payment
  3. 3 Reimbursement of surveyor's fees

Ratio Decidendi

Compensation is determined as the market value of the property in good repair at the valuation date less the actual cost of repairs based on competitive tender, with surveyor's fees awarded under Rydes Scale but not for a separate building survey report; home loss payment is outside Tribunal's jurisdiction.

Court Disposition

Compensation determined for compulsory acquisition.

Orders

  • Compensation payable is £48,000 plus surveyor's fees under Rydes Scale.
  • No order as to costs.