Clift & Anor v Welsh Office [1998] EWCA Civ 1273 (23 July 1998)

Clift & Anor v Welsh Office [1998] EWCA Civ 1273 (23 July 1998)

The principle in Andreae v Selfridge does not bar compensation for physical damage to property caused by statutory works; it applies only to personal inconvenience. The Lands Tribunal was entitled to find actionable special damage for public nuisance due to interference with access and rat-running, and the findings were sufficient to support a claim for compensation under section 10 of the 1965 Act.

Citation
[1998] EWCA Civ 1273
Parties
Applicant/respondent: Clift & Anor; Respondent/appellant: Welsh Office
Jurisdiction
England and Wales
Judgment Date
23 July 1998
Procedural Posture
Appeal From Lands Tribunal (case Stated) / Court of Appeal (civil Division) Judgment
Outcome
Appeal dismissed
Legal Topics
Compensation for Injurious Affection, Nuisance (private and Public), Physical Damage to Property, Obstruction of Access, Statutory Interpretation
Compulsory Purchase Land Law Tort Law Compensation for Injurious Affection Nuisance (private and Public) Physical Damage to Property Obstruction of Access Statutory Interpretation

Case Brief

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Parties

Clift & Anor

Applicant/respondent

Welsh Office

Respondent/appellant

Procedural Posture

Appeal From Lands Tribunal (case Stated) / Court of Appeal (civil Division) Judgment

Legal Issues

  1. 1 Does the principle in Andreae v Selfridge (temporary construction works not actionable as nuisance if not abnormal and no negligence) apply to cases involving physical damage?
  2. 2 Was there actionable special damage for public nuisance due to interference with access and rat-running?
  3. 3 Were the findings sufficient to found a claim for compensation under section 10 of the Compulsory Purchase Act 1965?

Ratio Decidendi

The principle in Andreae v Selfridge does not bar compensation for physical damage to property caused by statutory works; it applies only to personal inconvenience. The Lands Tribunal was entitled to find actionable special damage for public nuisance due to interference with access and rat-running, and the findings were sufficient to support a claim for compensation under section 10 of the 1965 Act.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs