Chapter Group PLC v London Regional Transport & Anor [2006] EWLands CON_87_2004 (25 January 2006)

Chapter Group PLC v London Regional Transport & Anor [2006] EWLands CON_87_2004 (25 January 2006)

The sealed offer entitled the claimant only to costs incurred up to the date a reasonable period for acceptance expired (23 August 2005). The claimant's delay in accepting the offer beyond that date was unreasonable, justifying an order that the Authority pay the claimant's costs up to and including 23 August 2005, the claimant pay the Authority's costs from 24 August to 26 September 2005, and no order as to costs thereafter.

Citation
[2006] EWLands CON_87_2004
Parties
Claimant: Chapter Group PLC; Compensating Authority: London Regional Transport; Compensating Authority: London Underground Limited
Jurisdiction
England and Wales
Judgment Date
25 January 2006
Procedural Posture
Compensation Reference / Costs Determination Following Settlement
Outcome
Costs order made following settlement; compensation already paid.
Legal Topics
Costs, Sealed Offers, Compensation for Injurious Affection, Interpretation of Settlement Agreements
Compulsory Purchase Land Compensation Civil Procedure Costs Sealed Offers Compensation for Injurious Affection Interpretation of Settlement Agreements

Case Brief

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Parties

Chapter Group PLC

Claimant

London Regional Transport

Compensating Authority

London Underground Limited

Compensating Authority

Procedural Posture

Compensation Reference / Costs Determination Following Settlement

Legal Issues

  1. 1 Interpretation of costs provision in sealed offer and settlement
  2. 2 Jurisdiction of Tribunal to determine post-offer costs
  3. 3 Reasonable time for acceptance of sealed offer

Ratio Decidendi

The sealed offer entitled the claimant only to costs incurred up to the date a reasonable period for acceptance expired (23 August 2005). The claimant's delay in accepting the offer beyond that date was unreasonable, justifying an order that the Authority pay the claimant's costs up to and including 23 August 2005, the claimant pay the Authority's costs from 24 August to 26 September 2005, and no order as to costs thereafter.

Court Disposition

Costs order made following settlement; compensation already paid.

Orders

  • Authority to pay claimant's costs up to and including 23 August 2005.
  • Claimant to pay Authority's costs from 24 August to 26 September 2005.