John Bland Charlton & Anor v Northumbrian Water Limited

John Bland Charlton & Anor v Northumbrian Water Limited

Compensation under paragraph 2(3) of Schedule 12 to the Water Industry Act 1991 does not extend to diminution in value caused by intangible factors such as purchaser anxieties or loss of amenity without physical damage; it is confined to physical damage or physical factors affecting the land, and 'injurious affection' retains its technical meaning from compulsory purchase law.

Parties
Claimant: John Bland Charlton; Claimant: Helen Elizabeth Charlton; Respondent: Northumbrian Water Limited
Jurisdiction
England and Wales
Judgment Date
25 November 2022
Procedural Posture
Compensation Reference / Preliminary Issue Determination
Outcome
preliminary issue determined against claimants; reference dismissed
Legal Topics
Injurious Affection, Damage to Land, Diminution in Value, Water Industry Act 1991, Compulsory Purchase
Compensation Law Statutory Interpretation Property Law Injurious Affection Damage to Land Diminution in Value Water Industry Act 1991 Compulsory Purchase

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Parties

John Bland Charlton

Claimant

Helen Elizabeth Charlton

Claimant

Northumbrian Water Limited

Respondent

Procedural Posture

Compensation Reference / Preliminary Issue Determination

Legal Issues

  1. 1 Whether compensation can be claimed for diminution in value as a result of the keeping and use of pipes on neighbouring land under paragraph 2(3) of Schedule 12 to the Water Industry Act 1991

Ratio Decidendi

Compensation under paragraph 2(3) of Schedule 12 to the Water Industry Act 1991 does not extend to diminution in value caused by intangible factors such as purchaser anxieties or loss of amenity without physical damage; it is confined to physical damage or physical factors affecting the land, and 'injurious affection' retains its technical meaning from compulsory purchase law.

Court Disposition

preliminary issue determined against claimants; reference dismissed

Orders

  • reference dismissed
  • no compensation payable for diminution in value under paragraph 2(3)