Scales & Anor v Thames Water Utilities Plc [2004] EWLands LCA_32_2004 (10 November 2004)

Scales & Anor v Thames Water Utilities Plc [2004] EWLands LCA_32_2004 (10 November 2004)

The existence of the tunnel beneath the property extended the time required to sell and necessitated a price reduction; the market value at the relevant date was diminished by £12,500, not offset by the proposed closure of the sewage treatment works.

Source-derived case information.

Citation
[2004] EWLands LCA_32_2004
Parties
Claimants: Mr and Mrs Martin Scales; Compensating Authority: Thames Water Utilities Plc
Jurisdiction
England and Wales
Judgment Date
10 November 2004
Procedural Posture
Compensation Reference / Final Determination
Outcome
compensation awarded
Legal Topics
Depreciation in Property Value, Pipe Laying Works, Compensation Assessment, Market Value Determination
Property Law Compensation Law Utilities Law Depreciation in Property Value Pipe Laying Works Compensation Assessment Market Value Determination

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mr and Mrs Martin Scales

Claimants

Thames Water Utilities Plc

Compensating Authority

Procedural Posture

Compensation Reference / Final Determination

Legal Issues

  1. 1 Whether pipe-laying works beneath a dwellinghouse caused depreciation in property value
  2. 2 Whether any diminution in value was offset by closure of neighbouring sewage treatment works
  3. 3 Appropriate amount of compensation under Water Industry Act 1991, Schedule 12

Ratio Decidendi

The existence of the tunnel beneath the property extended the time required to sell and necessitated a price reduction; the market value at the relevant date was diminished by £12,500, not offset by the proposed closure of the sewage treatment works.

Court Disposition

compensation awarded

Orders

  • Compensating authority to pay claimants £12,500.
  • Compensating authority to pay claimants' surveyor's fee based on Ryde's scale.