Pierce & Anor v Coal Authority [2000] EWLands LCA_2_1998 (22 May 2000)

Pierce & Anor v Coal Authority [2000] EWLands LCA_2_1998 (22 May 2000)

The Tribunal held that, absent a full hearing and in light of the compensating authority's knowledge when making the sealed offer, there was no justification to depart from the general rule. The compensating authority must pay the claimants' costs incurred up to the date of the sealed offer; thereafter, the claimants must pay the compensating authority's costs up to and including the first day of the hearing. All costs are to be assessed on the standard basis.

Citation
[2000] EWLands LCA_2_1998
Parties
Claimant: John Elvet Pierce; Claimant: Patricia Mary Pierce; Compensating Authority: The Coal Authority
Jurisdiction
England and Wales
Judgment Date
22 May 2000
Procedural Posture
Compensation Reference Under Opencast Coal Act 1958 / Post Settlement Costs Determination
Outcome
Costs apportioned: compensating authority to pay claimants' costs up to date of sealed offer; claimants to pay compensating authority's costs thereafter; compensating authority to pay two-thirds of claimants' costs of the costs hearing; all costs assessed on standard basis.
Legal Topics
Compensation for Compulsory Rights Order, Costs Following Sealed Offer, Assessment of Costs, Standard Vs Indemnity Basis of Costs
Compulsory Acquisition Land Law Mining Law Compensation for Compulsory Rights Order Costs Following Sealed Offer Assessment of Costs Standard Vs Indemnity Basis of Costs

Case Brief

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Parties

John Elvet Pierce

Claimant

Patricia Mary Pierce

Claimant

The Coal Authority

Compensating Authority

Procedural Posture

Compensation Reference Under Opencast Coal Act 1958 / Post Settlement Costs Determination

Legal Issues

  1. 1 Entitlement to costs before and after acceptance of sealed offer
  2. 2 Basis for assessment of costs (standard or indemnity)
  3. 3 Effect of late acceptance of sealed offer on costs liability

Ratio Decidendi

The Tribunal held that, absent a full hearing and in light of the compensating authority's knowledge when making the sealed offer, there was no justification to depart from the general rule. The compensating authority must pay the claimants' costs incurred up to the date of the sealed offer; thereafter, the claimants must pay the compensating authority's costs up to and including the first day of the hearing. All costs are to be assessed on the standard basis.

Court Disposition

Costs apportioned: compensating authority to pay claimants' costs up to date of sealed offer; claimants to pay compensating authority's costs thereafter; compensating authority to pay two-thirds of claimants' costs of the costs hearing; all costs assessed on standard basis.

Orders

  • Compensating authority to pay claimants' costs of the reference incurred up to the date of the sealed offer.
  • Claimants to pay compensating authority's costs incurred after the date of the sealed offer up to and including the first day of the hearing.