The Mayor and Commonalty and Citizens of the City of London v Transport for London

The Mayor and Commonalty and Citizens of the City of London v Transport for London

Although the claimants failed to deliver a properly particularised notice of claim in time, special reasons exist due to both parties' conduct and the nature of the settlement, justifying a departure from the usual costs order under section 4(1)(b); each party should bear their own costs.

Parties
Claimant: THE MAYOR AND COMMONALTY AND CITIZENS OF THE CITY OF LONDON; Acquiring Authority: TRANSPORT FOR LONDON
Jurisdiction
England and Wales
Judgment Date
26 October 2018
Procedural Posture
Compensation Reference (land Acquisition) / Costs Determination After Settlement and Withdrawal of Reference
Outcome
Each party to bear their own costs; both costs applications dismissed.
Legal Topics
Costs in Compensation Proceedings, Compulsory Purchase Procedure, Settlement Without Monetary Compensation, Procedural Requirements for Claims
Land Law Compulsory Acquisition Compensation Law Costs in Compensation Proceedings Compulsory Purchase Procedure Settlement Without Monetary Compensation Procedural Requirements for Claims

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Parties

THE MAYOR AND COMMONALTY AND CITIZENS OF THE CITY OF LONDON

Claimant

TRANSPORT FOR LONDON

Acquiring Authority

Procedural Posture

Compensation Reference (land Acquisition) / Costs Determination After Settlement and Withdrawal of Reference

Legal Issues

  1. 1 Whether the claimants delivered a properly particularised notice of claim in time to enable the acquiring authority to make a proper offer under section 4(1)(b) of the Land Compensation Act 1961
  2. 2 Whether special reasons exist to depart from the usual costs order under section 4(1)(b)
  3. 3 Whether either party is entitled to costs given the settlement terms

Ratio Decidendi

Although the claimants failed to deliver a properly particularised notice of claim in time, special reasons exist due to both parties' conduct and the nature of the settlement, justifying a departure from the usual costs order under section 4(1)(b); each party should bear their own costs.

Court Disposition

Each party to bear their own costs; both costs applications dismissed.

Orders

  • The acquiring authority’s application for costs is dismissed.
  • The claimants’ application for costs is dismissed.