Charles James Braithwaite v London Borough of Enfield Council

Charles James Braithwaite v London Borough of Enfield Council

The market value of the property must disregard the impact of special conditions imposed by the acquiring authority, resulting in a higher value than the auction price; the claimant is entitled only to a basic loss payment due to lack of occupation as main residence; disturbance compensation is limited to reasonable removal costs with insufficient causal connection for consequential loss relating to increased debt to the claimant's sister.

Parties
Claimant: Charles James Braithwaite; Acquiring Authority: London Borough of Enfield Council
Jurisdiction
England and Wales
Judgment Date
01 May 2020
Procedural Posture
Compulsory Purchase Compensation / Final Determination
Outcome
compensation determined for claimant
Legal Topics
Compensation Assessment, Market Value Determination, Disturbance Compensation, Basic Loss Payment
Property Law Compulsory Acquisition Compensation Assessment Market Value Determination Disturbance Compensation Basic Loss Payment

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Parties

Charles James Braithwaite

Claimant

London Borough of Enfield Council

Acquiring Authority

Procedural Posture

Compulsory Purchase Compensation / Final Determination

Legal Issues

  1. 1 What is the correct market value of the compulsorily acquired property?
  2. 2 Is the claimant entitled to a basic loss payment or home loss payment?
  3. 3 What disturbance compensation is payable for removal costs and consequential loss?

Ratio Decidendi

The market value of the property must disregard the impact of special conditions imposed by the acquiring authority, resulting in a higher value than the auction price; the claimant is entitled only to a basic loss payment due to lack of occupation as main residence; disturbance compensation is limited to reasonable removal costs with insufficient causal connection for consequential loss relating to increased debt to the claimant's sister.

Court Disposition

compensation determined for claimant

Orders

  • Compensation payable to claimant: £644,646.37
  • Interest due on compensation from vesting date at statutory rate