Langley & Ors v Coal Authority [2002] EWLands LCA_29_1996 (18 February 2002)

Langley & Ors v Coal Authority [2002] EWLands LCA_29_1996 (18 February 2002)

The Tribunal determined that the Coal Authority is liable for mining subsidence damage to the claimants' properties. Remedies must reflect statutory obligations and the Tribunal's discretion under section 40(3). Depreciation in value is to be measured by the difference in open market value before and after the landslip, considering actual damage and market sentiment. The Authority's late election to pay depreciation was invalid; damages are awarded to put claimants in the position they would have been had the Authority complied promptly. Payments in lieu are ordered for building repairs, and the Authority is ordered to carry out re-grading works to land. Residual depreciation payments are...

Citation
[2002] EWLands LCA_29_1996
Parties
Claimants: Mary Emma Langley and others; Compensating Authority: Coal Authority
Jurisdiction
England and Wales
Judgment Date
18 February 2002
Procedural Posture
Notice of Reference Under Coal Mining Subsidence Act 1991 / Final Determination After Preliminary Liability Established
Outcome
Claims allowed in part; damages and statutory payments awarded; remedial works ordered.
Legal Topics
Mining Subsidence, Statutory Remedies, Depreciation Payments, Remedial Works, Damages, Blight, Human Rights
Property Law Statutory Compensation Mining Law Mining Subsidence Statutory Remedies Depreciation Payments Remedial Works Damages +2 more

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Parties

Mary Emma Langley and others

Claimants

Coal Authority

Compensating Authority

Procedural Posture

Notice of Reference Under Coal Mining Subsidence Act 1991 / Final Determination After Preliminary Liability Established

Legal Issues

  1. 1 Whether Coal Authority is liable for mining subsidence damage
  2. 2 Appropriate remedy: damages, remedial works, or depreciation payment
  3. 3 Measure of depreciation in value

Ratio Decidendi

The Tribunal determined that the Coal Authority is liable for mining subsidence damage to the claimants' properties. Remedies must reflect statutory obligations and the Tribunal's discretion under section 40(3). Depreciation in value is to be measured by the difference in open market value before and after the landslip, considering actual damage and market sentiment. The Authority's late election to pay depreciation was invalid; damages are awarded to put claimants in the position they would have been had the Authority complied promptly. Payments in lieu are ordered for building repairs, and the Authority is ordered to carry out re-grading works to land. Residual depreciation payments are...

Court Disposition

Claims allowed in part; damages and statutory payments awarded; remedial works ordered.

Orders

  • Coal Authority to carry out re-grading of land at High Street properties and soil nailing at number 55.
  • Coal Authority to make payments in lieu for repairs to buildings as determined by Tribunal.