Michael Michael v Salford City Council

Michael Michael v Salford City Council

The Tribunal determined compensation based on the residual value of the land with the benefit of the claimant's planning permission, rejecting claims for premium value and development profit as not supported by evidence or law. Ancillary costs were allowed only where proven and causally linked to the acquisition. The claimant was awarded costs of the reference, subject to reductions for duplication and unreasonable elements, as he was the successful party and had not acted unreasonably.

Parties
Claimant: Mr Michael Michael; Acquiring Authority: Salford City Council
Jurisdiction
England and Wales
Judgment Date
06 September 2016
Procedural Posture
Compulsory Purchase Compensation Reference / Final Judgment With Costs Addendum
Outcome
Claim allowed in part; compensation awarded to claimant; claimant awarded costs subject to assessment and reductions.
Legal Topics
Compulsory Purchase Compensation, Market Value Assessment, Residual Valuation Method, Disturbance Compensation, Costs of Reference
Land Law Compulsory Acquisition Valuation Compulsory Purchase Compensation Market Value Assessment Residual Valuation Method Disturbance Compensation Costs of Reference

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Mr Michael Michael

Claimant

Salford City Council

Acquiring Authority

Procedural Posture

Compulsory Purchase Compensation Reference / Final Judgment With Costs Addendum

Legal Issues

  1. 1 What is the appropriate compensation payable for the compulsory acquisition of 212 Great Clowes Street, Salford?
  2. 2 Should a premium value or development profit be added to the market value?
  3. 3 What ancillary costs are recoverable by the claimant?

Ratio Decidendi

The Tribunal determined compensation based on the residual value of the land with the benefit of the claimant's planning permission, rejecting claims for premium value and development profit as not supported by evidence or law. Ancillary costs were allowed only where proven and causally linked to the acquisition. The claimant was awarded costs of the reference, subject to reductions for duplication and unreasonable elements, as he was the successful party and had not acted unreasonably.

Court Disposition

Claim allowed in part; compensation awarded to claimant; claimant awarded costs subject to assessment and reductions.

Orders

  • Compensation awarded to Mr Michael Michael in the sum of £321,702.61 plus statutory interest.
  • Claimant awarded costs of the reference, subject to detailed assessment and specified reductions.