Shopsearch UK v London Borough of Greenwich [2009] EWLands LCA_292_2008 (08 May 2009)

Shopsearch UK v London Borough of Greenwich [2009] EWLands LCA_292_2008 (08 May 2009)

Compensation is limited to losses directly attributable to the stop notice prohibitions. The claimant is entitled to compensation for lost rent from the basement for a defined period and quantum, abortive advertising costs, and minimal stock loss, but not for first floor rent, legal costs, reputational or punitive damages, or alleged guaranteed payments to third parties, as these were not sufficiently evidenced or directly attributable.

Citation
[2009] EWLands LCA_292_2008
Parties
Claimant: Shopsearch UK Limited; Compensating Authority: London Borough of Greenwich
Jurisdiction
England and Wales
Judgment Date
08 May 2009
Procedural Posture
Compensation Reference Under Lands Tribunal Act 1949 and Town and Country Planning Act 1990 / Final Determination of Compensation
Outcome
Claim allowed in part
Legal Topics
Stop Notice Compensation, Loss of Rent, Consequential Losses, Enforcement Notice Appeal, Damages Assessment
Planning Law Compensation Law Property Law Stop Notice Compensation Loss of Rent Consequential Losses Enforcement Notice Appeal Damages Assessment

Case Brief

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Parties

Shopsearch UK Limited

Claimant

London Borough of Greenwich

Compensating Authority

Procedural Posture

Compensation Reference Under Lands Tribunal Act 1949 and Town and Country Planning Act 1990 / Final Determination of Compensation

Legal Issues

  1. 1 Period and quantum of lost rent from basement due to stop notice
  2. 2 Entitlement to lost rent from first floor
  3. 3 Reimbursement of legal costs for enforcement notice appeal

Ratio Decidendi

Compensation is limited to losses directly attributable to the stop notice prohibitions. The claimant is entitled to compensation for lost rent from the basement for a defined period and quantum, abortive advertising costs, and minimal stock loss, but not for first floor rent, legal costs, reputational or punitive damages, or alleged guaranteed payments to third parties, as these were not sufficiently evidenced or directly attributable.

Court Disposition

Claim allowed in part

Orders

  • Compensating authority to pay claimant £70,430.32 as compensation for lost basement rent, abortive advertising costs, and stock loss
  • All other claims dismissed