Pro Investments Limited v London Borough Of Hounslow

Pro Investments Limited v London Borough Of Hounslow

Section 4 of the Land Compensation Act 1961 applied to the acquiring authority's offer of 10 March 2021, entitling the authority to its costs from 11 March 2021 until withdrawal of the offer on 12 April 2021. The withdrawal of the offer constituted a special reason to deprive the authority of costs protection thereafter. Each party should bear its own costs after 12 April 2021.

Parties
Claimant: Pro Investments Limited; Acquiring Authority: London Borough of Hounslow
Jurisdiction
England and Wales
Judgment Date
01 March 2022
Procedural Posture
Compulsory Purchase Compensation Reference / Costs Determination After Final Hearing
Outcome
Costs order made as specified; each party to bear own costs after 12 April 2021.
Legal Topics
Costs Orders, Indemnity Basis, Standard Basis, Section 4 Land Compensation Act 1961, Section 29 Tribunals, Courts and Enforcement Act 2007, Offers to Settle, Withdrawal of Offer
Compulsory Purchase Land Compensation Costs Costs Orders Indemnity Basis Standard Basis Section 4 Land Compensation Act 1961 Section 29 Tribunals, Courts and Enforcement Act 2007 +2 more

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Parties

Pro Investments Limited

Claimant

London Borough of Hounslow

Acquiring Authority

Procedural Posture

Compulsory Purchase Compensation Reference / Costs Determination After Final Hearing

Legal Issues

  1. 1 Whether the acquiring authority's offer of 10 March 2021 engaged section 4 of the Land Compensation Act 1961
  2. 2 Appropriate costs order where claimant failed to beat an offer
  3. 3 Effect of withdrawal of offer on costs liability

Ratio Decidendi

Section 4 of the Land Compensation Act 1961 applied to the acquiring authority's offer of 10 March 2021, entitling the authority to its costs from 11 March 2021 until withdrawal of the offer on 12 April 2021. The withdrawal of the offer constituted a special reason to deprive the authority of costs protection thereafter. Each party should bear its own costs after 12 April 2021.

Court Disposition

Costs order made as specified; each party to bear own costs after 12 April 2021.

Orders

  • The acquiring authority shall pay the claimant’s costs of the reference incurred up to and including 10 March 2021 on the indemnity basis.
  • The claimant shall pay the acquiring authority’s costs of the reference incurred from and including 11 March 2021 up to and including 12 April 2021 on the standard basis.