Riordan v Heathrow Airport Ltd [2008] EWLands ACQ_476_2007 (12 May 2008)

Riordan v Heathrow Airport Ltd [2008] EWLands ACQ_476_2007 (12 May 2008)

Where a person whose substrata is compulsorily acquired lacks mental capacity and no attorney or deputy is appointed, compensation is determined by the Tribunal and paid into court under Schedule 1 to the Compulsory Purchase Act 1965, with the amount to include statutory interest and reasonable professional fees.

Citation
[2008] EWLands ACQ_476_2007
Parties
Claimant: Margaret Veronica Riordan; Acquiring Authority: Heathrow Airport Limited
Jurisdiction
England and Wales
Judgment Date
12 May 2008
Procedural Posture
Compulsory Acquisition Compensation Determination / Final Decision
Outcome
compensation determined and ordered to be paid into court; no order for costs
Legal Topics
Compensation for Compulsory Acquisition, Valuation of Substrata, Mental Incapacity of Claimant, Procedure for Persons Without Power to Sell, Payment Into Court
Compulsory Purchase Land Law Mental Capacity Compensation for Compulsory Acquisition Valuation of Substrata Mental Incapacity of Claimant Procedure for Persons Without Power to Sell Payment Into Court

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Parties

Margaret Veronica Riordan

Claimant

Heathrow Airport Limited

Acquiring Authority

Procedural Posture

Compulsory Acquisition Compensation Determination / Final Decision

Legal Issues

  1. 1 What is the appropriate compensation for compulsory acquisition of substrata beneath the claimant's property?
  2. 2 What procedure should be followed when the claimant lacks mental capacity to complete the transfer?
  3. 3 How should compensation be paid when the owner is under a disability or incapacity?

Ratio Decidendi

Where a person whose substrata is compulsorily acquired lacks mental capacity and no attorney or deputy is appointed, compensation is determined by the Tribunal and paid into court under Schedule 1 to the Compulsory Purchase Act 1965, with the amount to include statutory interest and reasonable professional fees.

Court Disposition

compensation determined and ordered to be paid into court; no order for costs

Orders

  • Heathrow Airport Limited shall pay compensation in the sum of £1,000 into court to the credit of the claimant, to include statutory interest and reasonable professional fees.
  • No order for costs.