Edmunds v National Assembly for Wales [2001] EWLands ACQ_59_1997 (15 January 2001)

Edmunds v National Assembly for Wales [2001] EWLands ACQ_59_1997 (15 January 2001)

The Tribunal determined that the acquiring authority was entitled to the freehold of plot 2/10 under the CPO, that compensation of £28,670 was agreed and appropriate, and that the claimant's failure to resolve access rights justified the authority's actions. The Tribunal awarded compensation and ordered the claimant to pay the acquiring authority's costs from the date of the open offer.

Citation
[2001] EWLands ACQ_59_1997
Parties
Claimant: Peter W Edmunds; Acquiring Authority: The National Assembly for Wales
Jurisdiction
England and Wales
Judgment Date
15 January 2001
Procedural Posture
Compulsory Purchase Compensation / Final Determination With Costs Addendum
Outcome
Compensation awarded to claimant; claimant ordered to pay acquiring authority's costs from 12 March 1998.
Legal Topics
Compensation for Compulsory Acquisition, Rights of Way, Injurious Affection, Disturbance, Costs in Tribunal Proceedings
Property Law Compulsory Purchase Compensation for Compulsory Acquisition Rights of Way Injurious Affection Disturbance Costs in Tribunal Proceedings

Case Brief

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Parties

Peter W Edmunds

Claimant

The National Assembly for Wales

Acquiring Authority

Procedural Posture

Compulsory Purchase Compensation / Final Determination With Costs Addendum

Legal Issues

  1. 1 Whether the acquiring authority was entitled to the freehold of plot 2/10 or only a licence
  2. 2 Whether the compensation agreed was correct and final
  3. 3 Whether the claimant was entitled to reimbursement of legal and surveyors' fees

Ratio Decidendi

The Tribunal determined that the acquiring authority was entitled to the freehold of plot 2/10 under the CPO, that compensation of £28,670 was agreed and appropriate, and that the claimant's failure to resolve access rights justified the authority's actions. The Tribunal awarded compensation and ordered the claimant to pay the acquiring authority's costs from the date of the open offer.

Court Disposition

Compensation awarded to claimant; claimant ordered to pay acquiring authority's costs from 12 March 1998.

Orders

  • Acquiring authority to pay compensation of £28,670 to claimant, including disturbance, injurious affection, surveyors fees on Ryde's scale, and claimant's legal costs of transfer.
  • Claimant to pay acquiring authority's costs in the reference from 12 March 1998, subject to detailed assessment if not agreed.