Tollgate Hotels Ltd v Secretary of State for Transport [2006] EWLands ACQ_45_2004 (01 June 2006)

Tollgate Hotels Ltd v Secretary of State for Transport [2006] EWLands ACQ_45_2004 (01 June 2006)

Interest is payable on compensation for injurious affection under s.11(1) of the Compulsory Purchase Act 1965 when land is taken. The sealed offer was exclusive of interest. The claimant's delay in accepting the sealed offer beyond a reasonable period constituted unreasonable conduct, justifying an order that the claimant pay the authority's costs from the date of refusal to the date of acceptance.

Citation
[2006] EWLands ACQ_45_2004
Parties
Claimant: Tollgate Hotels Limited; Acquiring Authority: Secretary of State for Transport
Jurisdiction
England and Wales
Judgment Date
01 June 2006
Procedural Posture
Compensation Costs Determination After Compulsory Purchase / Post Settlement Costs Determination Following Acceptance of Sealed Offer
Outcome
Costs order made: Authority to pay claimant's costs up to 2 November 2004; claimant to pay authority's costs from 3 November 2004 to 12 September 2005.
Legal Topics
Compensation for Injurious Affection, Costs Orders, Interest on Compensation, Interpretation of Sealed Offers
Compulsory Purchase Land Law Civil Procedure Compensation for Injurious Affection Costs Orders Interest on Compensation Interpretation of Sealed Offers

Case Brief

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Parties

Tollgate Hotels Limited

Claimant

Secretary of State for Transport

Acquiring Authority

Procedural Posture

Compensation Costs Determination After Compulsory Purchase / Post Settlement Costs Determination Following Acceptance of Sealed Offer

Legal Issues

  1. 1 Whether interest is payable on compensation for injurious affection under s.11(1) of the Compulsory Purchase Act 1965
  2. 2 Whether the sealed offer included interest or was exclusive of interest
  3. 3 What is the proper order for costs following delayed acceptance of a sealed offer

Ratio Decidendi

Interest is payable on compensation for injurious affection under s.11(1) of the Compulsory Purchase Act 1965 when land is taken. The sealed offer was exclusive of interest. The claimant's delay in accepting the sealed offer beyond a reasonable period constituted unreasonable conduct, justifying an order that the claimant pay the authority's costs from the date of refusal to the date of acceptance.

Court Disposition

Costs order made: Authority to pay claimant's costs up to 2 November 2004; claimant to pay authority's costs from 3 November 2004 to 12 September 2005.

Orders

  • Authority to pay claimant's costs up to 2 November 2004, to be assessed if not agreed.
  • Claimant to pay authority's costs from 3 November 2004 to 12 September 2005, to be assessed if not agreed.