Stewart Christopher Chivers & Anor v St Helens Borough Council

Stewart Christopher Chivers & Anor v St Helens Borough Council

The evidence did not establish that Mr Chivers was entitled to compensation for lease breakage, as the lease arrangements were unorthodox, unregistered, and lacked proof of binding obligations or actual loss. Pre-reference professional costs were recoverable in part, subject to reasonableness and supporting evidence.

Parties
Claimant: Stewart Christopher Chivers; Claimant: Prestige Motors Direct Ltd; Acquiring Authority: St Helens Borough Council
Jurisdiction
England and Wales
Judgment Date
11 February 2021
Procedural Posture
Compulsory Purchase Compensation Reference / Final Determination and Costs Assessment
Outcome
Issue 1 (lease breakage) dismissed; Issue 2 (pre-reference costs) allowed in part; costs awarded to claimants with adjustment for partial success.
Legal Topics
Compulsory Purchase Order, Lease Breakage, Pre Reference Professional Costs, Land Compensation, Costs of Reference
Compulsory Purchase Land Law Compensation Compulsory Purchase Order Lease Breakage Pre Reference Professional Costs Land Compensation Costs of Reference

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Parties

Stewart Christopher Chivers

Claimant

Prestige Motors Direct Ltd

Claimant

St Helens Borough Council

Acquiring Authority

Procedural Posture

Compulsory Purchase Compensation Reference / Final Determination and Costs Assessment

Legal Issues

  1. 1 Entitlement to compensation for lease breakage of car showroom on Plot D
  2. 2 Quantum of pre-reference professional costs recoverable

Ratio Decidendi

The evidence did not establish that Mr Chivers was entitled to compensation for lease breakage, as the lease arrangements were unorthodox, unregistered, and lacked proof of binding obligations or actual loss. Pre-reference professional costs were recoverable in part, subject to reasonableness and supporting evidence.

Court Disposition

Issue 1 (lease breakage) dismissed; Issue 2 (pre-reference costs) allowed in part; costs awarded to claimants with adjustment for partial success.

Orders

  • Claim for compensation for lease breakage dismissed.
  • Claimants awarded £198,959.65 as pre-reference professional costs.