Langley & Ors v Coal Authority

Langley & Ors v Coal Authority

Depreciation for statutory compensation excludes general blight but includes the impact of actual damage on market value. The Authority lost its right to elect to make a depreciation payment by not exercising it promptly. Where no election is made, claimants are entitled to the reasonable cost of reinstatement. The President's approach to depreciation was upheld, and the limitation of remedial works by reference to property value was rejected.

Parties
Respondents: Langley and Others; Appellant: The Coal Authority; Cross Appellants: Mr. and Mrs. Cordery
Jurisdiction
England and Wales
Judgment Date
21 February 2003
Procedural Posture
Civil Appeal / Appeal From the Lands Tribunal
Outcome
Authority's appeal dismissed; Cordery cross-appeal allowed.
Legal Topics
Mining Subsidence, Statutory Compensation, Depreciation Payments, Remedial Works, Blight, Valuation of Damaged Property
Property Law Compensation Law Mining Subsidence Statutory Compensation Depreciation Payments Remedial Works Blight Valuation of Damaged Property

Case Brief

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Parties

Langley and Others

Respondents

The Coal Authority

Appellant

Mr. and Mrs. Cordery

Cross Appellants

Procedural Posture

Civil Appeal / Appeal From the Lands Tribunal

Legal Issues

  1. 1 How should depreciation in property value caused by mining subsidence be assessed under the Coal Mining Subsidence Act 1991?
  2. 2 Is the Coal Authority entitled to elect to make a depreciation payment after rejecting a damage notice?
  3. 3 What is the proper measure of compensation for remedial works and residual depreciation?

Ratio Decidendi

Depreciation for statutory compensation excludes general blight but includes the impact of actual damage on market value. The Authority lost its right to elect to make a depreciation payment by not exercising it promptly. Where no election is made, claimants are entitled to the reasonable cost of reinstatement. The President's approach to depreciation was upheld, and the limitation of remedial works by reference to property value was rejected.

Court Disposition

Authority's appeal dismissed; Cordery cross-appeal allowed.

Orders

  • Authority to carry out remedial works to land for High Street properties and pay in lieu for buildings as ordered by the Lands Tribunal.
  • Authority to pay residual depreciation as damages where applicable.