Prudential assurance Company Ltd v Highways Agency [2005] EWLands ACQ_33_1998 (21 October 2005)

Prudential assurance Company Ltd v Highways Agency [2005] EWLands ACQ_33_1998 (21 October 2005)

The costs incurred by the claimant as a result of the acquiring authority's reluctance to accept a clause in the transfer deed relating to methane venting trenches do not fall to be reimbursed, as the compensation agreement reached in July 2003 was full and final and did not provide for an increase to reflect difficulties encountered in maintaining the trenches.

Citation
[2005] EWLands ACQ_33_1998
Parties
Claimant: Prudential Assurance Company Limited; Acquiring Authority: Highways Agency
Jurisdiction
England and Wales
Judgment Date
21 October 2005
Procedural Posture
Compensation Claim (compulsory Purchase) / Final Determination After Written Representations
Outcome
Claim for additional surveyor's fees and related costs dismissed
Legal Topics
Compulsory Purchase Compensation, Surveyor's Fees, Statutory Contract, Transfer Deed Terms
Property Law Compulsory Purchase Land Compensation Compulsory Purchase Compensation Surveyor's Fees Statutory Contract Transfer Deed Terms

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Parties

Prudential Assurance Company Limited

Claimant

Highways Agency

Acquiring Authority

Procedural Posture

Compensation Claim (compulsory Purchase) / Final Determination After Written Representations

Legal Issues

  1. 1 Whether additional surveyor's fees incurred after compensation agreement are recoverable
  2. 2 Whether a concluded agreement precludes further claims for costs

Ratio Decidendi

The costs incurred by the claimant as a result of the acquiring authority's reluctance to accept a clause in the transfer deed relating to methane venting trenches do not fall to be reimbursed, as the compensation agreement reached in July 2003 was full and final and did not provide for an increase to reflect difficulties encountered in maintaining the trenches.

Court Disposition

Claim for additional surveyor's fees and related costs dismissed

Orders

  • Parties invited to make representations as to costs; decision to take effect after costs are determined