Ryde International Plc v London Regional Transport [2001] EWLands ACQ_147_2000 (12 February 2001)

Ryde International Plc v London Regional Transport [2001] EWLands ACQ_147_2000 (12 February 2001)

Holding costs incurred due to the impossibility of selling the property as a result of the threat of compulsory acquisition are compensatable under the Land Compensation Act 1961, s.5 rule 6, provided they are causally connected and not too remote from the acquisition.

Citation
[2001] EWLands ACQ_147_2000
Parties
Claimant: Ryde International plc; Acquiring Authority: London Regional Transport
Jurisdiction
England and Wales
Judgment Date
12 February 2001
Procedural Posture
Compulsory Acquisition Compensation Claim / Preliminary Issue on Entitlement to Holding Costs
Outcome
Claimant entitled in principle to recover holding costs, subject to quantification and satisfaction of agreed valuation approach.
Legal Topics
Holding Costs, Blight, Market Value Assessment, Compensation Principles
Compulsory Purchase Land Compensation Holding Costs Blight Market Value Assessment Compensation Principles

Case Brief

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Parties

Ryde International plc

Claimant

London Regional Transport

Acquiring Authority

Procedural Posture

Compulsory Acquisition Compensation Claim / Preliminary Issue on Entitlement to Holding Costs

Legal Issues

  1. 1 Whether holding costs incurred due to the threat of compulsory acquisition are compensatable under the Land Compensation Act 1961, s.5 rule 6
  2. 2 Whether such losses are causally connected and not too remote from the acquisition

Ratio Decidendi

Holding costs incurred due to the impossibility of selling the property as a result of the threat of compulsory acquisition are compensatable under the Land Compensation Act 1961, s.5 rule 6, provided they are causally connected and not too remote from the acquisition.

Court Disposition

Claimant entitled in principle to recover holding costs, subject to quantification and satisfaction of agreed valuation approach.

Orders

  • If the claimant succeeds in establishing its claim for holding costs as now formulated, the acquiring authority shall pay the claimant's costs of this preliminary issue; otherwise, no order as to costs.