Moto Hospitality Ltd v Highways Agency [2006] EWLands LCA_122_2005 (28 July 2006)

Moto Hospitality Ltd v Highways Agency [2006] EWLands LCA_122_2005 (28 July 2006)

If the claimant has suffered loss through the diminution in value of its leasehold interest due to the carrying out of the entirety of the works at the Ardley interchange, including the stopping-up of slip roads, it is entitled to compensation under section 10 of the Compulsory Purchase Act 1965, as such works constitute 'the works' for the purposes of the Act and the claimant's loss is particular and direct.

Citation
[2006] EWLands LCA_122_2005
Parties
Claimant: Moto Hospitality Limited; Compensating Authority: Highways Agency
Jurisdiction
England and Wales
Judgment Date
28 July 2006
Procedural Posture
Compensation Claim Under Compulsory Purchase Act 1965 S 10 / Decision on a Preliminary Issue
Outcome
Claim for compensation under section 10 may lie if loss is established.
Legal Topics
Injurious Affection, Compensation for Diminution in Value, Public Nuisance, Statutory Interpretation, Highways Law
Compulsory Purchase Land Law Administrative Law Injurious Affection Compensation for Diminution in Value Public Nuisance Statutory Interpretation Highways Law

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Parties

Moto Hospitality Limited

Claimant

Highways Agency

Compensating Authority

Procedural Posture

Compensation Claim Under Compulsory Purchase Act 1965 S 10 / Decision on a Preliminary Issue

Legal Issues

  1. 1 Whether the claimant is entitled to compensation under section 10 of the Compulsory Purchase Act 1965 for diminution in value of its leasehold interest due to works at the Ardley interchange.
  2. 2 Whether 'the works' for the purposes of section 10 include the entirety of the highway construction and improvement works, including stopping-up of slip roads.
  3. 3 Whether the claimant suffered particular damage beyond that suffered by the public, sufficient to found a claim in public nuisance.

Ratio Decidendi

If the claimant has suffered loss through the diminution in value of its leasehold interest due to the carrying out of the entirety of the works at the Ardley interchange, including the stopping-up of slip roads, it is entitled to compensation under section 10 of the Compulsory Purchase Act 1965, as such works constitute 'the works' for the purposes of the Act and the claimant's loss is particular and direct.

Court Disposition

Claim for compensation under section 10 may lie if loss is established.

Orders

  • If the claimant has suffered loss through diminution in value of its leasehold interest due to the carrying out of the works, it is entitled to compensation under section 10 of the Compulsory Purchase Act 1965.
  • Parties invited to make submissions on costs.