Beard & National Westminster Bank Plc v Wigan Metropolitan Borough Council [2002] EWLands ACQ_72_2001 (21 March 2002)

Beard & National Westminster Bank Plc v Wigan Metropolitan Borough Council [2002] EWLands ACQ_72_2001 (21 March 2002)

The market value of the long leasehold interest in 21 Stanley Road as at 6 May 1998 is £7,600, based on the effective price paid in an open market sale, with no deduction for mortgage or council-imposed charges. There is insufficient evidence to determine the division of compensation between claimants or to deduct charges from the compensation.

Citation
[2002] EWLands ACQ_72_2001
Parties
First Claimant: Albert James Beard; Second Claimant: National Westminster Bank Plc; Acquiring Authority: Wigan Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
21 March 2002
Procedural Posture
Compulsory Purchase Compensation Reference / Determination of Compensation After Compulsory Acquisition; Consolidated References
Outcome
Market value of long leasehold interest determined at £7,600; no order as to costs; no determination of amounts payable to claimants due to lack of evidence.
Legal Topics
Compulsory Acquisition, Compensation Assessment, Long Leasehold Valuation, Mortgage Charge, Bankruptcy and Vesting, Deduction of Charges
Property Law Compulsory Purchase Landlord and Tenant Compulsory Acquisition Compensation Assessment Long Leasehold Valuation Mortgage Charge Bankruptcy and Vesting +1 more

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Parties

Albert James Beard

First Claimant

National Westminster Bank Plc

Second Claimant

Wigan Metropolitan Borough Council

Acquiring Authority

Procedural Posture

Compulsory Purchase Compensation Reference / Determination of Compensation After Compulsory Acquisition; Consolidated References

Legal Issues

  1. 1 What is the market value of the long leasehold interest in 21 Stanley Road as at the date of vesting?
  2. 2 Should charges (including mortgage and council-imposed charges) be deducted in determining market value?
  3. 3 Who is entitled to the compensation: the claimant, the mortgagee, or the trustee in bankruptcy?

Ratio Decidendi

The market value of the long leasehold interest in 21 Stanley Road as at 6 May 1998 is £7,600, based on the effective price paid in an open market sale, with no deduction for mortgage or council-imposed charges. There is insufficient evidence to determine the division of compensation between claimants or to deduct charges from the compensation.

Court Disposition

Market value of long leasehold interest determined at £7,600; no order as to costs; no determination of amounts payable to claimants due to lack of evidence.

Orders

  • Value of long leasehold interest in 21 Stanley Road as at 6 May 1998 determined at £7,600.
  • No order as to costs.