Cook & Ors v Highways Agency [2002] EWLands ACQ_85_2001 (03 May 2002)

Cook & Ors v Highways Agency [2002] EWLands ACQ_85_2001 (03 May 2002)

Due to the acquiring authority's failure to adduce any expert evidence or present a case, the Tribunal was bound to accept the claimants' unchallenged evidence of value (£2,500 per acre) for the acquired land. The Highways Agency's conduct constituted exceptional circumstances justifying an award of costs to the claimants.

Citation
[2002] EWLands ACQ_85_2001
Parties
First Claimants: Mr & Mrs C V Cook; Second Claimant: Mr S G Pullen; Acquiring Authority: Highways Agency
Jurisdiction
England and Wales
Judgment Date
03 May 2002
Procedural Posture
Compensation – Compulsory Acquisition / Determination of Compensation Following Reference Under Simplified Procedure
Outcome
Compensation determined in favour of claimants; costs awarded against Highways Agency.
Legal Topics
Compensation for Compulsory Acquisition, Absent Owner Procedure, Costs in Lands Tribunal, Ownership Claims in Compulsory Purchase
Compulsory Purchase Land Law Compensation for Compulsory Acquisition Absent Owner Procedure Costs in Lands Tribunal Ownership Claims in Compulsory Purchase

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 2 Authorities cited 3 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Mr & Mrs C V Cook

First Claimants

Mr S G Pullen

Second Claimant

Highways Agency

Acquiring Authority

Procedural Posture

Compensation – Compulsory Acquisition / Determination of Compensation Following Reference Under Simplified Procedure

Legal Issues

  1. 1 Entitlement to compensation for compulsory acquisition of Mill Lane
  2. 2 Proper procedure for determining compensation where ownership is disputed
  3. 3 Whether exceptional circumstances justify an order for costs against the acquiring authority

Ratio Decidendi

Due to the acquiring authority's failure to adduce any expert evidence or present a case, the Tribunal was bound to accept the claimants' unchallenged evidence of value (£2,500 per acre) for the acquired land. The Highways Agency's conduct constituted exceptional circumstances justifying an award of costs to the claimants.

Court Disposition

Compensation determined in favour of claimants; costs awarded against Highways Agency.

Orders

  • Highways Agency to pay compensation for parcels 57, 57b, 57c, 57d, 57e, 57f, and 57g at determined values.
  • Highways Agency to pay £175 costs to Mr and Mrs C V Cook within 28 days.