Maria Da Silva v London Borough of Brent

Maria Da Silva v London Borough of Brent

Surveyor's fees were partly allowed based on reasonable work done, capped at £14,300 plus VAT; legal fees for CPO challenge disallowed; disturbance claims allowed only where evidence or routine assessment justified; personal time and costs disallowed due to lack of evidence.

Parties
Claimant: Maria Da Silva; Acquiring Authority: The London Borough of Brent
Jurisdiction
England and Wales
Judgment Date
31 March 2015
Procedural Posture
Compensation Reference / Final Determination
Outcome
Compensation partly allowed; some claims disallowed.
Legal Topics
Disturbance Compensation, Surveyors Fees, Legal Fees, Rule 6 Losses, Home Loss Payment
Compulsory Purchase Land Compensation Disturbance Compensation Surveyors Fees Legal Fees Rule 6 Losses Home Loss Payment

Case Brief

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Parties

Maria Da Silva

Claimant

The London Borough of Brent

Acquiring Authority

Procedural Posture

Compensation Reference / Final Determination

Legal Issues

  1. 1 Whether surveyor's and legal fees claimed are reasonable and compensatable
  2. 2 Whether claimant's personal time and costs are recoverable
  3. 3 Whether other rule 6 losses are justified

Ratio Decidendi

Surveyor's fees were partly allowed based on reasonable work done, capped at £14,300 plus VAT; legal fees for CPO challenge disallowed; disturbance claims allowed only where evidence or routine assessment justified; personal time and costs disallowed due to lack of evidence.

Court Disposition

Compensation partly allowed; some claims disallowed.

Orders

  • Surveyor's fees awarded at £14,300 plus VAT
  • Curtains/blinds and carpets/laminated flooring awarded at £1,500