Halpern & Ors v Greater London Authority [2015] EWCA Civ 909 (09 July 2015)

Halpern & Ors v Greater London Authority [2015] EWCA Civ 909 (09 July 2015)

Permission to appeal is refused on the ground relating to development value because the Upper Tribunal's findings were based on evidence and no error of law is disclosed. Limited permission is granted on the extinguishment issue as there is a real prospect of success that the Tribunal could have made a proportionate determination of business loss based on available evidence.

Citation
[2015] EWCA Civ 909
Parties
Appellant/applicant: David Halpern & Ors; Defendant/respondent: Greater London Authority
Jurisdiction
England and Wales
Judgment Date
09 July 2015
Procedural Posture
Appeal / Oral Renewal of Application for Permission to Appeal From Upper Tribunal (lands Chamber)
Outcome
Permission to appeal refused on ground 1 (development value); limited permission to appeal granted on ground 2 (business extinguishment)
Legal Topics
Compulsory Purchase Compensation, Development Value, Business Extinguishment, Appeal on Points of Law
Compulsory Purchase Land Compensation Property Law Compulsory Purchase Compensation Development Value Business Extinguishment Appeal on Points of Law

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Parties

David Halpern & Ors

Appellant/applicant

Greater London Authority

Defendant/respondent

Procedural Posture

Appeal / Oral Renewal of Application for Permission to Appeal From Upper Tribunal (lands Chamber)

Legal Issues

  1. 1 Whether the Upper Tribunal erred in law in assessing the development value of the land for compensation purposes
  2. 2 Whether the Upper Tribunal erred in law in determining the extent of business extinguishment and compensation due

Ratio Decidendi

Permission to appeal is refused on the ground relating to development value because the Upper Tribunal's findings were based on evidence and no error of law is disclosed. Limited permission is granted on the extinguishment issue as there is a real prospect of success that the Tribunal could have made a proportionate determination of business loss based on available evidence.

Court Disposition

Permission to appeal refused on ground 1 (development value); limited permission to appeal granted on ground 2 (business extinguishment)

Orders

  • Permission to appeal refused on ground 1
  • Limited permission to appeal granted on ground 2 only