Welford & Ors v EDF Energy Networks (LPN) Plc [2006] EWLands LCA_30_2004 (10 March 2006)

Welford & Ors v EDF Energy Networks (LPN) Plc [2006] EWLands LCA_30_2004 (10 March 2006)

The Tribunal held that compensation under the Electricity Act 1989 Schedule 4 para 7 should be assessed in accordance with established compulsory purchase principles, including value of the wayleave, injurious affection, and disturbance. Diminution in value may be assessed for both sites A and B where appropriate. The claim for loss of profits as disturbance is not excluded solely because the use had not commenced at the relevant date, provided it was a use that would have been lawfully enjoyed but for the presence of the cables.

Citation
[2006] EWLands LCA_30_2004
Parties
Claimant: Terence Welford; Claimant: Colin Phillips; Claimant: IOD Skip Hire Limited; Compensating Authority: EDF Energy Networks (LPN) Plc
Jurisdiction
England and Wales
Judgment Date
10 March 2006
Procedural Posture
Compensation Reference and Arbitration / Interim Decision on Preliminary Issues
Outcome
Interim decision on preliminary issues; compensation for value of wayleaves and injurious affection determined; entitlement to disturbance (loss of profits) not excluded as a matter of law but subject to further factual determination.
Legal Topics
Statutory Wayleaves, Injurious Affection, Disturbance Compensation, Valuation Methods, Loss of Profits, Mitigation of Loss
Compensation Law Electricity Law Land Law Statutory Wayleaves Injurious Affection Disturbance Compensation Valuation Methods Loss of Profits +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 33 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Terence Welford

Claimant

Colin Phillips

Claimant

IOD Skip Hire Limited

Claimant

EDF Energy Networks (LPN) Plc

Compensating Authority

Procedural Posture

Compensation Reference and Arbitration / Interim Decision on Preliminary Issues

Legal Issues

  1. 1 Whether the claim for loss of profits falls within the scope of the Electricity Act 1989 Schedule 4 paragraph 7
  2. 2 Whether the evidence establishes the factual assumptions underlying the loss of profits claim
  3. 3 Whether diminution in value should be assessed for site A alone or both sites A and B

Ratio Decidendi

The Tribunal held that compensation under the Electricity Act 1989 Schedule 4 para 7 should be assessed in accordance with established compulsory purchase principles, including value of the wayleave, injurious affection, and disturbance. Diminution in value may be assessed for both sites A and B where appropriate. The claim for loss of profits as disturbance is not excluded solely because the use had not commenced at the relevant date, provided it was a use that would have been lawfully enjoyed but for the presence of the cables.

Court Disposition

Interim decision on preliminary issues; compensation for value of wayleaves and injurious affection determined; entitlement to disturbance (loss of profits) not excluded as a matter of law but subject to further factual determination.

Orders

  • Compensation for value of wayleaves awarded at £2,360.
  • Diminution in value of land to be assessed for both sites A and B where appropriate.