Martin & Anor v The Coal Authority [2005] EWLands LCA_197_2000 (06 July 2005)

Martin & Anor v The Coal Authority [2005] EWLands LCA_197_2000 (06 July 2005)

Demolition and rebuilding were not necessary to remedy the mining subsidence damage; only specified remedial works were required. Compensation is limited to the reasonable cost of those works and associated professional fees, as determined by the Tribunal.

Citation
[2005] EWLands LCA_197_2000
Parties
Claimant: John Barry Digby Martin; Claimant: Maureen Edith Martin; Compensating Authority: The Coal Authority
Jurisdiction
England and Wales
Judgment Date
06 July 2005
Procedural Posture
Compensation Claim Under Coal Mining Subsidence Act 1991 / Final Decision After Hearing
Outcome
Compensation awarded to claimants for cost of specified remedial works and professional fees; claim for demolition and rebuilding rejected.
Legal Topics
Mining Subsidence, Compensation for Property Damage, Remedial Works, Statutory Interpretation
Property Law Compensation Law Mining Subsidence Compensation for Property Damage Remedial Works Statutory Interpretation

Case Brief

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Parties

John Barry Digby Martin

Claimant

Maureen Edith Martin

Claimant

The Coal Authority

Compensating Authority

Procedural Posture

Compensation Claim Under Coal Mining Subsidence Act 1991 / Final Decision After Hearing

Legal Issues

  1. 1 Whether demolition and rebuilding of the bungalow was necessary to remedy mining subsidence damage to the claimants' reasonable satisfaction under section 6(2)(a) of the Coal Mining Subsidence Act 1991
  2. 2 What remedial works and associated costs are compensable under the Act

Ratio Decidendi

Demolition and rebuilding were not necessary to remedy the mining subsidence damage; only specified remedial works were required. Compensation is limited to the reasonable cost of those works and associated professional fees, as determined by the Tribunal.

Court Disposition

Compensation awarded to claimants for cost of specified remedial works and professional fees; claim for demolition and rebuilding rejected.

Orders

  • The Coal Authority to pay the claimants £53,958 as compensation for remedial works and professional fees.