Davies & Ors v Hyder Plc [2001] EWLands LCA_41_2001 (29 August 2001)

Davies & Ors v Hyder Plc [2001] EWLands LCA_41_2001 (29 August 2001)

The claimants failed to prove losses beyond the agreed damage to land; previous settlements were not comparable due to lack of evidence. The respondent's assessment of £120 for time and losses was accepted. Total compensation was set at £320 plus surveyor's fee. Costs were awarded to the compensating authority for work done after the Calderbank offer, as the determined compensation was less than the offer.

Citation
[2001] EWLands LCA_41_2001
Parties
Claimants: A J and M Davies; Compensating Authority: Hyder Plc (formerly Welsh Water)
Jurisdiction
England and Wales
Judgment Date
29 August 2001
Procedural Posture
Compensation Claim Under Water Industry Act 1991, Schedule 12 / Determination of Compensation and Costs by Lands Tribunal
Outcome
Compensation awarded to claimants; costs awarded to compensating authority.
Legal Topics
Disturbance Compensation, Pipe Laying Works, Assessment of Losses, Costs Following Calderbank Offer
Compensation Law Land Law Administrative Law Disturbance Compensation Pipe Laying Works Assessment of Losses Costs Following Calderbank Offer

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Parties

A J and M Davies

Claimants

Hyder Plc (formerly Welsh Water)

Compensating Authority

Procedural Posture

Compensation Claim Under Water Industry Act 1991, Schedule 12 / Determination of Compensation and Costs by Lands Tribunal

Legal Issues

  1. 1 Entitlement to compensation for disturbance losses under Schedule 12 of the Water Industry Act 1991
  2. 2 Appropriate quantum of compensation for losses beyond agreed land damage
  3. 3 Relevance of previous settlements to current compensation assessment

Ratio Decidendi

The claimants failed to prove losses beyond the agreed damage to land; previous settlements were not comparable due to lack of evidence. The respondent's assessment of £120 for time and losses was accepted. Total compensation was set at £320 plus surveyor's fee. Costs were awarded to the compensating authority for work done after the Calderbank offer, as the determined compensation was less than the offer.

Court Disposition

Compensation awarded to claimants; costs awarded to compensating authority.

Orders

  • Compensating authority to pay claimants £320 in compensation.
  • Compensating authority to pay claimants' surveyor's fee based on Ryde's scale Table E.