Faraday v Carmarthenshire County Council [2004] EWCA Civ 649 (10 May 2004)

Faraday v Carmarthenshire County Council [2004] EWCA Civ 649 (10 May 2004)

The deduction for 'freed up time' was procedurally unfair and unsupported by evidence or argument; compensation cannot be reduced on this basis without proper notice, evidence, and opportunity for submissions. The appeal is allowed and the deducted sum is restored.

Citation
[2004] EWCA Civ 649
Parties
Claimant/appellant: Brian John Faraday; Defendant/respondent: Carmarthenshire County Council
Jurisdiction
England and Wales
Judgment Date
10 May 2004
Procedural Posture
Appeal From Lands Tribunal Decision (compulsory Purchase Compensation) / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Compulsory Acquisition Compensation, Mitigation of Loss, Procedural Fairness, Assessment of Disturbance Losses
Compulsory Purchase Property Law Compensation Law Compulsory Acquisition Compensation Mitigation of Loss Procedural Fairness Assessment of Disturbance Losses

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Parties

Brian John Faraday

Claimant/appellant

Carmarthenshire County Council

Defendant/respondent

Procedural Posture

Appeal From Lands Tribunal Decision (compulsory Purchase Compensation) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether deduction for 'freed up time' from compensation for compulsory purchase is legally valid
  2. 2 Whether procedural fairness was breached by the Lands Tribunal Member introducing the deduction without evidence or submissions

Ratio Decidendi

The deduction for 'freed up time' was procedurally unfair and unsupported by evidence or argument; compensation cannot be reduced on this basis without proper notice, evidence, and opportunity for submissions. The appeal is allowed and the deducted sum is restored.

Court Disposition

Appeal allowed

Orders

  • The deduction of £66,345 for 'freed up time' is reversed and added to the compensation payable to Mr Faraday, with agreed interest.
  • Respondent to pay costs.