Aysin Behchet v London Borough of Southwark

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

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Parties

Aysin Behchet

Claimant

London Borough of Southwark

Acquiring Authority

Procedural Posture

Compulsory Purchase Compensation Reference / Final Determination

  1. 1 Determination of compensation payable for compulsory acquisition of property
  2. 2 Assessment of open market value of the property
  3. 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