Rodwell & Abbey National Plc v London Borough of Barking & Dagenham [2001] EWLands ACQ_139_2000 (19 December 2001)

Rodwell & Abbey National Plc v London Borough of Barking & Dagenham [2001] EWLands ACQ_139_2000 (19 December 2001)

The Tribunal determined that the appropriate compensation should reflect the actual condition of the property, including early-stage corrosion in steel posts causing cracks, but not the full cost of extensive repairs or improvements. The defect-free value was set at £58,000, reduced to £56,000 to account for necessary expansion joints. A home loss payment of 10% (£5,600) was awarded, and disturbance losses were limited to £1,500 due to lack of substantiation. Total compensation was set at £63,100.

Citation
[2001] EWLands ACQ_139_2000
Parties
Claimant: Christopher Anthony Rodwell; Second Claimant: Abbey National plc; Acquiring Authority: London Borough of Barking and Dagenham
Jurisdiction
England and Wales
Judgment Date
19 December 2001
Procedural Posture
Compulsory Purchase Compensation Reference / Final Decision With Addendum on Costs
Outcome
Compensation determined at £63,100; no order as to costs except hearing fee to be borne by acquiring authority.
Legal Topics
Compensation for Compulsory Acquisition, Valuation of Defective Property, Home Loss Payment, Disturbance Losses, Costs in Tribunal Proceedings
Property Law Compulsory Purchase Land Valuation Compensation for Compulsory Acquisition Valuation of Defective Property Home Loss Payment Disturbance Losses Costs in Tribunal Proceedings

Case Brief

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Parties

Christopher Anthony Rodwell

Claimant

Abbey National plc

Second Claimant

London Borough of Barking and Dagenham

Acquiring Authority

Procedural Posture

Compulsory Purchase Compensation Reference / Final Decision With Addendum on Costs

Legal Issues

  1. 1 What is the appropriate compensation for the compulsory acquisition of 12 Baron Road, Dagenham, considering structural defects and their impact on value?
  2. 2 Is the claimant entitled to a home loss payment and disturbance losses, and if so, in what amounts?
  3. 3 How should costs be allocated between the parties?

Ratio Decidendi

The Tribunal determined that the appropriate compensation should reflect the actual condition of the property, including early-stage corrosion in steel posts causing cracks, but not the full cost of extensive repairs or improvements. The defect-free value was set at £58,000, reduced to £56,000 to account for necessary expansion joints. A home loss payment of 10% (£5,600) was awarded, and disturbance losses were limited to £1,500 due to lack of substantiation. Total compensation was set at £63,100.

Court Disposition

Compensation determined at £63,100; no order as to costs except hearing fee to be borne by acquiring authority.

Orders

  • London Borough of Barking and Dagenham to pay £63,100 to the claimants as compensation for compulsory acquisition of 12 Baron Road, Dagenham.
  • No order as to costs, except the hearing fee to be borne by the acquiring authority.