Evis & Anor v Commission for New Towns [2001] EWLands ACQ_125_2000 (05 July 2001)

Evis & Anor v Commission for New Towns [2001] EWLands ACQ_125_2000 (05 July 2001)

Entitlement to compensation under the Landlord and Tenant Act 1954 does not preclude a disturbance payment under section 37(1)(a) of the Land Compensation Act 1973, but no entitlement arises under section 37(1)(c) where redevelopment is not carried out by the authority.

Citation
[2001] EWLands ACQ_125_2000
Parties
Claimant: George Evis; Claimant: Godfrey Richard Smith; Compensating Authority: Commission for New Towns
Jurisdiction
England and Wales
Judgment Date
05 July 2001
Procedural Posture
Compensation Claim Under Land Compensation Act 1973, Preliminary Issues / Decision on Preliminary Issues
Outcome
Partial determination of preliminary issues; costs reserved; further hearing required on factual issues and quantum.
Legal Topics
Disturbance Payments, Business Tenancy Termination, Compulsory Acquisition, Redevelopment Compensation
Compulsory Purchase Landlord and Tenant Compensation Law Disturbance Payments Business Tenancy Termination Compulsory Acquisition Redevelopment Compensation

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 2 Authorities cited 15 Party arguments 2
Sign in to unlock

Parties

George Evis

Claimant

Godfrey Richard Smith

Claimant

Commission for New Towns

Compensating Authority

Procedural Posture

Compensation Claim Under Land Compensation Act 1973, Preliminary Issues / Decision on Preliminary Issues

Legal Issues

  1. 1 Whether entitlement to compensation under Landlord and Tenant Act 1954 s 37 precludes compensation under Land Compensation Act 1973 s 37(1)(a)
  2. 2 Whether development not carried out by authority precludes compensation under s 37(1)(c) of 1973 Act

Ratio Decidendi

Entitlement to compensation under the Landlord and Tenant Act 1954 does not preclude a disturbance payment under section 37(1)(a) of the Land Compensation Act 1973, but no entitlement arises under section 37(1)(c) where redevelopment is not carried out by the authority.

Court Disposition

Partial determination of preliminary issues; costs reserved; further hearing required on factual issues and quantum.

Orders

  • Disturbance payments under section 37(1)(a) of the Land Compensation Act 1973 are not precluded by entitlement to compensation under section 37 of the Landlord and Tenant Act 1954.
  • No entitlement to a disturbance payment under section 37(1)(c) of the Land Compensation Act 1973.