Adrian Philip Glasspool v London Borough of Southwark

Adrian Philip Glasspool v London Borough of Southwark

The open market value of the property is determined at £286,000 based on adjusted comparables, primarily 48 Perronet. The claim for items left is disallowed due to lack of evidence and failure to mitigate loss. The claim for future acquisition costs is allowed as it is probable such costs will be incurred and the amount claimed is reasonable. Home loss payment is 10% of market value. Total compensation is £322,070.

Parties
Claimant: Adrian Philip Glasspool; Acquiring Authority: London Borough of Southwark
Jurisdiction
England and Wales
Judgment Date
06 November 2017
Procedural Posture
Compulsory Purchase Compensation / Final Determination With Addendum on Costs
Outcome
Claim allowed in part
Legal Topics
Compulsory Purchase Compensation, Open Market Value Assessment, Disturbance Compensation, Home Loss Payment, Valuation Methodology, Costs
Land Law Compulsory Acquisition Valuation Compulsory Purchase Compensation Open Market Value Assessment Disturbance Compensation Home Loss Payment Valuation Methodology +1 more

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Parties

Adrian Philip Glasspool

Claimant

London Borough of Southwark

Acquiring Authority

Procedural Posture

Compulsory Purchase Compensation / Final Determination With Addendum on Costs

Legal Issues

  1. 1 What is the open market value of the compulsorily acquired property?
  2. 2 Is the claimant entitled to disturbance compensation for items left and future acquisition costs?
  3. 3 What is the appropriate methodology for valuation and adjustments?

Ratio Decidendi

The open market value of the property is determined at £286,000 based on adjusted comparables, primarily 48 Perronet. The claim for items left is disallowed due to lack of evidence and failure to mitigate loss. The claim for future acquisition costs is allowed as it is probable such costs will be incurred and the amount claimed is reasonable. Home loss payment is 10% of market value. Total compensation is £322,070.

Court Disposition

Claim allowed in part

Orders

  • Compensation determined at £322,070, comprising £286,000 (market value), £28,600 (home loss payment), and £7,470 (disturbance).
  • Council to pay claimant's expert costs of £7,800 plus VAT at 20%.