Hussain v London Borough of Newham [2006] EWLands ACQ_14_2005 (15 February 2006)

Hussain v London Borough of Newham [2006] EWLands ACQ_14_2005 (15 February 2006)

The tribunal determined that the open market value of the property as at the vesting date, less the estimated costs of repair and an allowance for risk, accurately reflected the compensation due for the compulsory acquisition.

Citation
[2006] EWLands ACQ_14_2005
Parties
Claimant: Shabbir Hussain; Acquiring Authority: London Borough of Newham
Jurisdiction
England and Wales
Judgment Date
15 February 2006
Procedural Posture
Compulsory Purchase Compensation Determination / Final Determination
Outcome
compensation determined for untraceable owner; costs awarded to claimant
Legal Topics
Compulsory Acquisition, Valuation of Property, Compensation for Untraceable Owner, Housing Law
Property Law Compulsory Purchase Land Compensation Compulsory Acquisition Valuation of Property Compensation for Untraceable Owner Housing Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Shabbir Hussain

Claimant

London Borough of Newham

Acquiring Authority

Procedural Posture

Compulsory Purchase Compensation Determination / Final Determination

Legal Issues

  1. 1 What is the appropriate amount of compensation for the compulsory acquisition of 18 Margery Park Road, London, E7, given its dilapidated and uninhabitable condition and the untraceability of the owner?

Ratio Decidendi

The tribunal determined that the open market value of the property as at the vesting date, less the estimated costs of repair and an allowance for risk, accurately reflected the compensation due for the compulsory acquisition.

Court Disposition

compensation determined for untraceable owner; costs awarded to claimant

Orders

  • Compensation for the freehold interest in 18 Margery Park Road, London, E7 determined at £260,000 to be paid into court.
  • Claimant's costs of legal transfer, if any, to be paid in addition.