Crisa & Woodstock Engineering Ltd v Highways Agency [2000] EWLands ACQ_132_1998 (06 April 2000)

Crisa & Woodstock Engineering Ltd v Highways Agency [2000] EWLands ACQ_132_1998 (06 April 2000)

All claims by the claimants for compensation beyond the Agency's offer were rejected for lack of proof, remoteness, failure to mitigate, double-counting, or lack of jurisdiction. Compensation was awarded only for proven, direct, and reasonable losses as assessed by the Agency's expert evidence.

Citation
[2000] EWLands ACQ_132_1998
Parties
Claimant: Giovanni F Crisa; Claimant: Woodstock Engineering Limited; Compensating Authority: Highways Agency
Jurisdiction
England and Wales
Judgment Date
06 April 2000
Procedural Posture
Compulsory Acquisition Compensation Reference / Final Determination of Compensation by Lands Tribunal
Outcome
Claims for additional compensation rejected; compensation awarded as per Agency's expert evidence.
Legal Topics
Compulsory Acquisition of Leasehold, Jurisdiction of Lands Tribunal, Proof of Loss in Compensation Claims, Mitigation of Loss, Loss of Profits and Goodwill, Compensation for Disturbance, Remoteness of Loss, Double Counting in Compensation, Compensation for Loss of Quality of Life

Case Brief

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Parties

Giovanni F Crisa

Claimant

Woodstock Engineering Limited

Claimant

Highways Agency

Compensating Authority

Procedural Posture

Compulsory Acquisition Compensation Reference / Final Determination of Compensation by Lands Tribunal

  1. 1 Whether the claimants proved their alleged losses for compensation purposes
  2. 2 Whether Mr Crisa had a right to compensation for loss of foundry patterns
  3. 3 Whether losses of goods left on premises were caused by compulsory acquisition

Ratio Decidendi

All claims by the claimants for compensation beyond the Agency's offer were rejected for lack of proof, remoteness, failure to mitigate, double-counting, or lack of jurisdiction. Compensation was awarded only for proven, direct, and reasonable losses as assessed by the Agency's expert evidence.

Court Disposition

Claims for additional compensation rejected; compensation awarded as per Agency's expert evidence.

Orders

  • Compensation of £66,675 awarded to Woodstock Engineering Limited for leasehold interest, goodwill, pre-entry losses, director's time, and fees.
  • Compensation of £1,000 awarded to Mr Crisa for domestic disturbance.