Roadchef Motorways Ltd v The Secretary of State for Transport [2006] EWLands ACQ_45_2005 (30 August 2006)

Roadchef Motorways Ltd v The Secretary of State for Transport [2006] EWLands ACQ_45_2005 (30 August 2006)

Agreement reached between parties on preliminary issues did not constitute success for either party; costs were incurred as part of necessary negotiations and focus provided by preliminary issues. The acquiring authority was not the cause of costs being incurred. No order for costs is appropriate.

Citation
[2006] EWLands ACQ_45_2005
Parties
Claimant: Roadchef Motorways Limited; Acquiring Authority: The Secretary of State for Transport
Jurisdiction
England and Wales
Judgment Date
30 August 2006
Procedural Posture
Compensation Claim for Compulsory Purchase / Decision on Interim Costs Following Agreement on Preliminary Issues
Outcome
no order as to costs
Legal Topics
Compulsory Acquisition, Injurious Affection, Costs, Preliminary Issues, Leasehold Rights, Access Rights
Property Law Compulsory Purchase Land Compensation Compulsory Acquisition Injurious Affection Costs Preliminary Issues Leasehold Rights +1 more

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Parties

Roadchef Motorways Limited

Claimant

The Secretary of State for Transport

Acquiring Authority

Procedural Posture

Compensation Claim for Compulsory Purchase / Decision on Interim Costs Following Agreement on Preliminary Issues

Legal Issues

  1. 1 whether acquiring authority caused costs to be incurred
  2. 2 whether claimant entitled to costs for preliminary issues
  3. 3 effect of agreement reached prior to hearing on costs

Ratio Decidendi

Agreement reached between parties on preliminary issues did not constitute success for either party; costs were incurred as part of necessary negotiations and focus provided by preliminary issues. The acquiring authority was not the cause of costs being incurred. No order for costs is appropriate.

Court Disposition

no order as to costs

Orders

  • no order for costs on preliminary issues
  • claimant to pay acquiring authority's costs of the application, subject to detailed assessment if not agreed