Andrew John Bolton v Tameside Metropolitan Borough Council

Andrew John Bolton v Tameside Metropolitan Borough Council

The parties' written agreement expressly provides for pre-referral costs to be assessed and paid separately from the agreed compensation sum, and there is no legal or principled basis to limit the scope of recoverable costs contrary to the agreement's terms.

Parties
Claimant: Andrew John Bolton; Acquiring Authority: Tameside Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
22 September 2015
Procedural Posture
Compensation Dispute Arising From Compulsory Purchase / Determination of Preliminary Issue Regarding Scope of Compromise Agreement
Outcome
Council must pay Claimant's pre-referral costs, to be assessed by the Tribunal unless agreed.
Legal Topics
Compromise Agreements, Costs Assessment, Compulsory Purchase
Compensation Law Contract Law Compromise Agreements Costs Assessment Compulsory Purchase

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Parties

Andrew John Bolton

Claimant

Tameside Metropolitan Borough Council

Acquiring Authority

Procedural Posture

Compensation Dispute Arising From Compulsory Purchase / Determination of Preliminary Issue Regarding Scope of Compromise Agreement

Legal Issues

  1. 1 Whether pre-reference costs are recoverable separately from agreed compensation under the compromise agreement
  2. 2 Interpretation of the scope of the mediated settlement agreement

Ratio Decidendi

The parties' written agreement expressly provides for pre-referral costs to be assessed and paid separately from the agreed compensation sum, and there is no legal or principled basis to limit the scope of recoverable costs contrary to the agreement's terms.

Court Disposition

Council must pay Claimant's pre-referral costs, to be assessed by the Tribunal unless agreed.

Orders

  • Council to pay Claimant's pre-referral costs, subject to assessment by the Tribunal.