Hall v Sandwell MBC [2009] EWCA Civ 1064 (11 August 2009)

Hall v Sandwell MBC [2009] EWCA Civ 1064 (11 August 2009)

The applicant's commercial use of the land was unlawful due to the enforcement notice; therefore, compensation for business loss is excluded by Rule 4 of section 5 of the Land Compensation Act 1961, and no compensation is payable for commercial chattels left on the land.

Citation
[2009] EWCA Civ 1064
Parties
Applicant: Hall; Respondent: Sandwell MBC
Jurisdiction
England and Wales
Judgment Date
11 August 2009
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Application refused
Legal Topics
Compensation for Compulsory Purchase, Lawfulness of Land Use, Enforcement Notices, Disturbance Claims, Chattels Compensation
Compulsory Purchase Land Law Administrative Law Compensation for Compulsory Purchase Lawfulness of Land Use Enforcement Notices Disturbance Claims Chattels Compensation

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Parties

Hall

Applicant

Sandwell MBC

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the applicant's commercial use of the land was lawful for compensation purposes
  2. 2 Whether Rule 4 of section 5 of the Land Compensation Act 1961 excludes disturbance claims where use is unlawful
  3. 3 Whether compensation is payable for chattels left on the land

Ratio Decidendi

The applicant's commercial use of the land was unlawful due to the enforcement notice; therefore, compensation for business loss is excluded by Rule 4 of section 5 of the Land Compensation Act 1961, and no compensation is payable for commercial chattels left on the land.

Court Disposition

Application refused

Orders

  • Permission to appeal refused