O'Connor & Anor v Wiltshire County Council [2007] EWCA Civ 426 (09 May 2007)

O'Connor & Anor v Wiltshire County Council [2007] EWCA Civ 426 (09 May 2007)

The NDR was constructed by the County Council as highway authority, not on behalf of a person who is not a highway authority, and was maintainable at the public expense at the relevant date. Section 19(3) of the Land Compensation Act 1973 does not bar the claim. The claimants are entitled to compensation under Part I of the 1973 Act. There is no incompatibility with Convention rights requiring section 19(3) to be read down.

Citation
[2007] EWCA Civ 426
Parties
Claimants/appellants: O'Connor and another; Compensating Authority/respondent: Wiltshire County Council
Jurisdiction
England and Wales
Judgment Date
09 May 2007
Procedural Posture
Appeal From Lands Tribunal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Land Compensation Act 1973, Highways Act 1980, Human Rights Act 1998, Public Works Compensation, Statutory Interpretation
Compensation Law Administrative Law Human Rights Law Land Compensation Act 1973 Highways Act 1980 Human Rights Act 1998 Public Works Compensation Statutory Interpretation

Case Brief

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Parties

O'Connor and another

Claimants/appellants

Wiltshire County Council

Compensating Authority/respondent

Procedural Posture

Appeal From Lands Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether claimants are entitled to compensation under Part I of the Land Compensation Act 1973 for depreciation caused by noise from the Calne Northern Distributor Road (NDR)
  2. 2 Whether the NDR was a highway maintainable at the public expense at the relevant date under section 36(2)(a) of the Highways Act 1980
  3. 3 Whether section 19(3) of the Land Compensation Act 1973 bars the claim

Ratio Decidendi

The NDR was constructed by the County Council as highway authority, not on behalf of a person who is not a highway authority, and was maintainable at the public expense at the relevant date. Section 19(3) of the Land Compensation Act 1973 does not bar the claim. The claimants are entitled to compensation under Part I of the 1973 Act. There is no incompatibility with Convention rights requiring section 19(3) to be read down.

Court Disposition

Appeal allowed

Orders

  • Claimants entitled to compensation under Part I of the Land Compensation Act 1973
  • Matter remitted for assessment of compensation