Halpern & Ors v Greater London Authority

Halpern & Ors v Greater London Authority

Permission to appeal is refused on the development value issue as no error of law or real prospect of success is disclosed; limited permission is granted on the business extinguishment issue as there is a real prospect that the Tribunal could have made a proportionate determination based on available evidence.

Parties
Applicant: David Halpern & Ors; Respondent: Greater London Authority
Jurisdiction
England and Wales
Judgment Date
09 July 2015
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal refused on ground 1 (development value); limited permission to appeal granted on ground 2 (business extinguishment).
Legal Topics
Compensation, Development Value, Business Extinguishment
Compulsory Purchase Land Law Compensation Development Value Business Extinguishment

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Parties

David Halpern & Ors

Applicant

Greater London Authority

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the reference land had immediate development value or only hope value at the valuation date
  2. 2 Whether the compulsory purchase order caused total or partial extinguishment of Clearun's business

Ratio Decidendi

Permission to appeal is refused on the development value issue as no error of law or real prospect of success is disclosed; limited permission is granted on the business extinguishment issue as there is a real prospect that the Tribunal could have made a proportionate determination based on available evidence.

Court Disposition

Permission to appeal refused on ground 1 (development value); limited permission to appeal granted on ground 2 (business extinguishment).

Orders

  • Permission to appeal refused on development value issue.
  • Permission to appeal granted on business extinguishment issue only.