Aysin Behchet v London Borough of Southwark
The open market value of the property at the vesting date was determined at £800,000 based on credible agent evidence, with basic loss payment calculated at £60,000, re-investment costs allowed at £13,740.75, legal fees allowed at £2,012.50, valuation fees at £1,437.50, and pre-reference costs disallowed due to insufficient evidence. The acquiring authority is to pay the claimant's costs of the reference.
- Parties
- Claimant: Aysin Behchet; Acquiring Authority: London Borough of Southwark
- Jurisdiction
- England and Wales
- Judgment Date
- 12 May 2015
- Procedural Posture
- Compulsory Purchase Compensation Reference / Final Determination
- Outcome
- Compensation determined for claimant; acquiring authority to pay claimant's costs of reference.
- Legal Topics
- Compulsory Purchase, Valuation, Compensation, Basic Loss Payment, Re Investment Costs, Legal Fees, Statutory Interest, Costs Assessment
Case Brief
Summary, issues, holding and outcome
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Parties
Aysin Behchet
Claimant
London Borough of Southwark
Acquiring Authority
Procedural Posture
Compulsory Purchase Compensation Reference / Final Determination
Legal Issues
- 1 Determination of compensation payable for compulsory acquisition of property
- 2 Assessment of open market value of the property
- 3 Calculation of basic loss payment
Ratio Decidendi
The open market value of the property at the vesting date was determined at £800,000 based on credible agent evidence, with basic loss payment calculated at £60,000, re-investment costs allowed at £13,740.75, legal fees allowed at £2,012.50, valuation fees at £1,437.50, and pre-reference costs disallowed due to insufficient evidence. The acquiring authority is to pay the claimant's costs of the reference.
Court Disposition
Compensation determined for claimant; acquiring authority to pay claimant's costs of reference.
Orders
- Market value determined at £800,000
- Basic loss payment allowed at £60,000
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