Mark Widdows v The Coal Authority

Mark Widdows v The Coal Authority

The schedule of works produced on 13 October 2017, as amended on 30 October 2017, together with plans, photographs, and costings, fully satisfies the requirements of section 6(2) of the Coal Mining Subsidence Act 1991. The remedial action to be taken by The Coal Authority shall be as specified in that schedule.

Parties
Claimant: Mark Widdows; Respondent: The Coal Authority
Jurisdiction
England and Wales
Judgment Date
22 January 2018
Procedural Posture
Compensation Mining Subsidence / Determination of Adequacy of Schedule of Remedial Works Under Section 6(2) of the Coal Mining Subsidence Act 1991
Outcome
Schedule of remedial works as amended on 30 October 2017 approved; remedial action to proceed as specified therein.
Legal Topics
Mining Subsidence, Remedial Works, Statutory Compensation, Schedule of Works, Tribunal Procedure
Compensation Law Property Law Mining Law Mining Subsidence Remedial Works Statutory Compensation Schedule of Works Tribunal Procedure

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Parties

Mark Widdows

Claimant

The Coal Authority

Respondent

Procedural Posture

Compensation Mining Subsidence / Determination of Adequacy of Schedule of Remedial Works Under Section 6(2) of the Coal Mining Subsidence Act 1991

Legal Issues

  1. 1 Whether the schedule of remedial works served by The Coal Authority satisfies the requirements of section 6(2) of the Coal Mining Subsidence Act 1991

Ratio Decidendi

The schedule of works produced on 13 October 2017, as amended on 30 October 2017, together with plans, photographs, and costings, fully satisfies the requirements of section 6(2) of the Coal Mining Subsidence Act 1991. The remedial action to be taken by The Coal Authority shall be as specified in that schedule.

Court Disposition

Schedule of remedial works as amended on 30 October 2017 approved; remedial action to proceed as specified therein.

Orders

  • The remedial action to be taken by The Coal Authority in relation to the property shall be that specified in the schedule of works in its amended form of 30 October 2017.