McGuinness v London Borough of Southwark [2005] EWLands ACQ_20_2004 (27 January 2005)

McGuinness v London Borough of Southwark [2005] EWLands ACQ_20_2004 (27 January 2005)

The Tribunal determined that the most reliable evidence of value was provided by comparable sales of similar flats in the vicinity within nine months of the valuation date, rather than prices paid by the acquiring authority for other flats in Marcia Road, which were affected by blight and lack of professional representation. The Tribunal found that the subject property was in good condition and that the adverse environmental and social factors asserted by the acquiring authority were not substantiated. The appropriate compensation for the claimant's leasehold interest was assessed at £75,000. The Tribunal further found that the acquiring authority's expert had presented misleading...

Citation
[2005] EWLands ACQ_20_2004
Parties
Claimant: Ms Denise McGuinness; Acquiring Authority: London Borough of Southwark
Jurisdiction
England and Wales
Judgment Date
27 January 2005
Procedural Posture
Compulsory Purchase Compensation Reference / Final Determination and Costs Order
Outcome
Compensation awarded to claimant; acquiring authority ordered to pay claimant's costs.
Legal Topics
Compulsory Acquisition, Compensation Assessment, Valuation of Leasehold Interests, Comparable Sales Evidence, Costs in Tribunal Proceedings
Property Law Compulsory Purchase Valuation Law Compulsory Acquisition Compensation Assessment Valuation of Leasehold Interests Comparable Sales Evidence Costs in Tribunal Proceedings

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Parties

Ms Denise McGuinness

Claimant

London Borough of Southwark

Acquiring Authority

Procedural Posture

Compulsory Purchase Compensation Reference / Final Determination and Costs Order

Legal Issues

  1. 1 What is the appropriate amount of compensation payable for the compulsory acquisition of the claimant's long leasehold interest in Flat 55E, Marcia Road?
  2. 2 Should the acquiring authority be ordered to pay the claimant's costs due to exceptional circumstances?

Ratio Decidendi

The Tribunal determined that the most reliable evidence of value was provided by comparable sales of similar flats in the vicinity within nine months of the valuation date, rather than prices paid by the acquiring authority for other flats in Marcia Road, which were affected by blight and lack of professional representation. The Tribunal found that the subject property was in good condition and that the adverse environmental and social factors asserted by the acquiring authority were not substantiated. The appropriate compensation for the claimant's leasehold interest was assessed at £75,000. The Tribunal further found that the acquiring authority's expert had presented misleading...

Court Disposition

Compensation awarded to claimant; acquiring authority ordered to pay claimant's costs.

Orders

  • Acquiring authority to pay £75,000 compensation for the leasehold interest in Flat 55E, Marcia Road.
  • Acquiring authority to pay claimant's proper legal costs and surveyor's fees, to be agreed or assessed by the Registrar on the standard basis.