O'Connor & Anor v Wiltshire County Council

O'Connor & Anor v Wiltshire County Council

The NDR was constructed by the County Council as highway authority, not on behalf of a non-highway authority, and thus was maintainable at the public expense at the relevant date. Section 19(3) of the Land Compensation Act 1973 does not bar the claim for compensation. The claimants are entitled to compensation, and there is no incompatibility with Convention rights.

Parties
Claimants/appellants: O’Connor and another; Compensating Authority/respondent: Wiltshire County Council
Jurisdiction
England and Wales
Judgment Date
09 May 2007
Procedural Posture
Civil Appeal / Appeal From Lands Tribunal Decision
Outcome
Appeal allowed
Legal Topics
Highway Maintainability, Compensation for Depreciation, Interpretation of Statutory Provisions, Agency in Construction Contracts, Human Rights Act Compatibility
Land Law Compensation Law Administrative Law Highway Maintainability Compensation for Depreciation Interpretation of Statutory Provisions Agency in Construction Contracts Human Rights Act Compatibility

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Parties

O’Connor and another

Claimants/appellants

Wiltshire County Council

Compensating Authority/respondent

Procedural Posture

Civil Appeal / Appeal From Lands Tribunal Decision

Legal Issues

  1. 1 Whether the Calne Northern Distributor Road (NDR) was a highway maintainable at the public expense under section 36(2)(a) of the Highways Act 1980 at the relevant date
  2. 2 Whether section 19(3) of the Land Compensation Act 1973 bars the claim for compensation
  3. 3 Whether the treatment of the claim is incompatible with the claimants’ Convention rights under the Human Rights Act 1998

Ratio Decidendi

The NDR was constructed by the County Council as highway authority, not on behalf of a non-highway authority, and thus was maintainable at the public expense at the relevant date. Section 19(3) of the Land Compensation Act 1973 does not bar the claim for compensation. The claimants are entitled to compensation, and there is no incompatibility with Convention rights.

Court Disposition

Appeal allowed

Orders

  • If the parties are unable to agree the amount of compensation, the reference is to be restored before the Lands Tribunal for determination of compensation.