Simon Nelson v Southern Electric Power Distribution

Simon Nelson v Southern Electric Power Distribution

SEPD's offer was not unconditional and did not engage section 4 of the Land Compensation Act 1961. Costs are awarded based on reasonable time for consideration of the offer, with Mr Nelson entitled to costs up to 19 May 2025 and SEPD entitled to costs thereafter. Litigant in person costs are limited to £19 per hour absent proof of pecuniary loss. Tribunal's discretion is exercised in line with statutory requirements and fairness.

Parties
Claimant: Simon Nelson; Compensating Authority: Southern Electric Power Distribution
Jurisdiction
England and Wales
Judgment Date
30 September 2025
Procedural Posture
Compensation Reference / Costs Determination After Compensation Award
Outcome
Costs awarded to both parties, apportioned by date of offer consideration.
Legal Topics
Costs Assessment, Conditional Offers, Litigants in Person, Wayleave, Statutory Interpretation
Compensation Law Electricity Law Land Law Costs Assessment Conditional Offers Litigants in Person Wayleave Statutory Interpretation

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Parties

Simon Nelson

Claimant

Southern Electric Power Distribution

Compensating Authority

Procedural Posture

Compensation Reference / Costs Determination After Compensation Award

Legal Issues

  1. 1 Whether SEPD's conditional offer engages section 4 Land Compensation Act 1961
  2. 2 Assessment of costs for litigant in person under Litigants in Person (Costs and Expenses) Act 1975
  3. 3 Reasonableness of costs claimed by both parties

Ratio Decidendi

SEPD's offer was not unconditional and did not engage section 4 of the Land Compensation Act 1961. Costs are awarded based on reasonable time for consideration of the offer, with Mr Nelson entitled to costs up to 19 May 2025 and SEPD entitled to costs thereafter. Litigant in person costs are limited to £19 per hour absent proof of pecuniary loss. Tribunal's discretion is exercised in line with statutory requirements and fairness.

Court Disposition

Costs awarded to both parties, apportioned by date of offer consideration.

Orders

  • SEPD to pay Mr Nelson £25,724.50 plus VAT on expert fees if not reclaimable.
  • Mr Nelson to pay SEPD £40,950 in costs.