Cabletel Surrey & Hampshire Ltd v Brookwood Cemetery Ltd [2002] EWCA Civ 720 (9 May 2002)

Cabletel Surrey & Hampshire Ltd v Brookwood Cemetery Ltd [2002] EWCA Civ 720 (9 May 2002)

The judge was entitled to prefer the evidence of Mr Sadler, distinguishing between industrial rates and the specific comparables relevant to the case, and to order a one-off payment based on a capitalised per metre rate adjusted for inflation, as this reflected what would have been fair and reasonable if the agreement had been given willingly under the statutory code.

Citation
[2002] EWCA Civ 720
Parties
Claimant/respondent: Cabletel Surrey and Hampshire Limited; Defendant/appellant: Brookwood Cemetery Limited
Jurisdiction
England and Wales
Judgment Date
09 May 2002
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Wayleave Agreements, Telecommunications Act 1984, Compensation for Land Use, Determination of Fair and Reasonable Consideration
Property Law Telecommunications Law Wayleave Agreements Telecommunications Act 1984 Compensation for Land Use Determination of Fair and Reasonable Consideration

Case Brief

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Parties

Cabletel Surrey and Hampshire Limited

Claimant/respondent

Brookwood Cemetery Limited

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 What is the appropriate consideration payable to a landowner under paragraph 7(1)(a) of Schedule 2 to the Telecommunications Act 1984 when consent for telecommunications works is dispensed with by the court?
  2. 2 Whether industrial rates or comparables should be used to determine the fair and reasonable payment for wayleave rights.

Ratio Decidendi

The judge was entitled to prefer the evidence of Mr Sadler, distinguishing between industrial rates and the specific comparables relevant to the case, and to order a one-off payment based on a capitalised per metre rate adjusted for inflation, as this reflected what would have been fair and reasonable if the agreement had been given willingly under the statutory code.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs on the standard basis, to be assessed if not agreed.
  • Order for a one-off payment of £667.80 as consideration for the wayleave.