Kwik Save Stores Ltd v Stockton On Tees Borough Council [2004] EWLands ACQ_132_2002 (18 May 2004)

Kwik Save Stores Ltd v Stockton On Tees Borough Council [2004] EWLands ACQ_132_2002 (18 May 2004)

Compensation is to be assessed on the basis of notional relocation, as claimant had opportunity to relocate into the new store or suitable alternatives, and failed to act upon it; principal compensation agreed at £1,007,819.

Citation
[2004] EWLands ACQ_132_2002
Parties
Claimant: Kwik Save Stores Limited; Acquiring Authority: Stockton On Tees Borough Council
Jurisdiction
England and Wales
Judgment Date
18 May 2004
Procedural Posture
Compulsory Purchase Compensation Reference / Final Determination by Lands Tribunal
Outcome
Compensation awarded on basis of notional relocation.
Legal Topics
Compensation Assessment, Valuation Methodology, Disturbance, Lease Value, Relocation, Extinguishment of Business
Compulsory Purchase Landlord and Tenant Property Law Compensation Assessment Valuation Methodology Disturbance Lease Value Relocation +1 more

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Parties

Kwik Save Stores Limited

Claimant

Stockton On Tees Borough Council

Acquiring Authority

Procedural Posture

Compulsory Purchase Compensation Reference / Final Determination by Lands Tribunal

Legal Issues

  1. 1 Whether compensation should be assessed on basis of total extinguishment or notional relocation
  2. 2 Whether claimant had opportunity to relocate into new premises
  3. 3 Suitability of alternative sites

Ratio Decidendi

Compensation is to be assessed on the basis of notional relocation, as claimant had opportunity to relocate into the new store or suitable alternatives, and failed to act upon it; principal compensation agreed at £1,007,819.

Court Disposition

Compensation awarded on basis of notional relocation.

Orders

  • Compensation to claimant assessed at £1,007,819.
  • Dispute over value of remaining lease term remains unresolved.