Mills & Allen Ltd v Commission For New Towns [2001] EWLands LCA_144_2000 (20 February 2001)

Mills & Allen Ltd v Commission For New Towns [2001] EWLands LCA_144_2000 (20 February 2001)

The claimant was in lawful possession at the time of the agreement for acquisition by an authority possessing compulsory purchase powers, and was displaced in consequence of that acquisition. The requirements of section 37 of the Land Compensation Act 1973 are satisfied, entitling the claimant to a disturbance payment.

Citation
[2001] EWLands LCA_144_2000
Parties
Claimant: Mills and Allen Ltd; Compensating Authority: Commission for New Towns (trading as English Partnerships)
Jurisdiction
England and Wales
Judgment Date
20 February 2001
Procedural Posture
Compensation Claim (preliminary Issue) / Decision on Preliminary Issue, Determination Without a Hearing
Outcome
Claimant entitled to a disturbance payment under section 37 of the Land Compensation Act 1973. Costs awarded to claimant for the preliminary issue.
Legal Topics
Disturbance Payment, Lawful Possession, Compulsory Purchase Powers, Urban Development Corporations
Compulsory Purchase Land Law Compensation Law Disturbance Payment Lawful Possession Compulsory Purchase Powers Urban Development Corporations

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 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Mills and Allen Ltd

Claimant

Commission for New Towns (trading as English Partnerships)

Compensating Authority

Procedural Posture

Compensation Claim (preliminary Issue) / Decision on Preliminary Issue, Determination Without a Hearing

Legal Issues

  1. 1 Whether the claimant is entitled to a disturbance payment under section 37 of the Land Compensation Act 1973
  2. 2 Whether the claimant was displaced in consequence of the acquisition of land by an authority possessing compulsory purchase powers
  3. 3 Whether the claimant was in lawful possession at the relevant time

Ratio Decidendi

The claimant was in lawful possession at the time of the agreement for acquisition by an authority possessing compulsory purchase powers, and was displaced in consequence of that acquisition. The requirements of section 37 of the Land Compensation Act 1973 are satisfied, entitling the claimant to a disturbance payment.

Court Disposition

Claimant entitled to a disturbance payment under section 37 of the Land Compensation Act 1973. Costs awarded to claimant for the preliminary issue.

Orders

  • Claimant entitled to a disturbance payment under section 37 of the Land Compensation Act 1973.
  • Compensating authority to pay claimant's costs of the preliminary issue, subject to detailed assessment if not agreed.