The Trustees of the K&M Wholesale Suppliers Ltd Retirement Benefit Scheme v Meadowhead Christian Fellowship

The Trustees of the K&M Wholesale Suppliers Ltd Retirement Benefit Scheme v Meadowhead Christian Fellowship

Compensation for the freehold reversion is determined by capitalising the ground rent and deferring the agreed freehold value, with marriage value included and split equally. Costs are awarded to the claimants up to 25 July 2016, subject to summary assessment.

Parties
Claimant: THE TRUSTEES OF THE K&M WHOLESALE SUPPLIERS LTD RETIREMENT BENEFIT SCHEME; Respondent: MEADOWHEAD CHRISTIAN FELLOWSHIP
Jurisdiction
England and Wales
Judgment Date
04 August 2017
Procedural Posture
Compulsory Purchase Compensation Reference / Final Determination and Costs Assessment
Outcome
Compensation awarded to claimants; partial costs awarded.
Legal Topics
Compulsory Purchase, Compensation Assessment, Marriage Value, Costs, Places of Worship Enfranchisement
Property Law Compulsory Acquisition Land Compensation Compulsory Purchase Compensation Assessment Marriage Value Costs Places of Worship Enfranchisement

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Parties

THE TRUSTEES OF THE K&M WHOLESALE SUPPLIERS LTD RETIREMENT BENEFIT SCHEME

Claimant

MEADOWHEAD CHRISTIAN FELLOWSHIP

Respondent

Procedural Posture

Compulsory Purchase Compensation Reference / Final Determination and Costs Assessment

Legal Issues

  1. 1 How should compensation for compulsory purchase of a freehold reversion under the Places of Worship (Enfranchisement) Act 1920 be calculated?
  2. 2 Is marriage value to be included in compensation?
  3. 3 What costs are recoverable by the claimants?

Ratio Decidendi

Compensation for the freehold reversion is determined by capitalising the ground rent and deferring the agreed freehold value, with marriage value included and split equally. Costs are awarded to the claimants up to 25 July 2016, subject to summary assessment.

Court Disposition

Compensation awarded to claimants; partial costs awarded.

Orders

  • Meadowhead Christian Fellowship to pay claimants compensation of £6,839.
  • Meadowhead Christian Fellowship to pay claimants’ costs incurred up to 25 July 2016, subject to summary assessment.