Margaret Jones v Welsh Government

Margaret Jones v Welsh Government

The Tribunal determined that the appropriate compensation for injurious affection was £20,000, reflecting a reasonable discount for uncertainty regarding access, based on the evidence and comparable sales. Disturbance compensation was awarded for livery costs (£1,580) and Japanese Knotweed control (£7,200), as these losses were causally connected to the scheme and reasonably incurred.

Parties
Claimant: Mrs Margaret Jones; Respondent: Welsh Government
Jurisdiction
England and Wales
Judgment Date
04 October 2024
Procedural Posture
Compulsory Purchase Compensation Reference / Determination on Written Representations
Outcome
Claim allowed in part
Legal Topics
Compensation Assessment, Injurious Affection, Disturbance Compensation
Compulsory Purchase Land Law Compensation Assessment Injurious Affection Disturbance Compensation

Case Brief

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Parties

Mrs Margaret Jones

Claimant

Welsh Government

Respondent

Procedural Posture

Compulsory Purchase Compensation Reference / Determination on Written Representations

Legal Issues

  1. 1 Assessment of compensation for injurious affection under s.7 Compulsory Purchase Act 1965
  2. 2 Entitlement to disturbance compensation for alternative livery costs and Japanese Knotweed control

Ratio Decidendi

The Tribunal determined that the appropriate compensation for injurious affection was £20,000, reflecting a reasonable discount for uncertainty regarding access, based on the evidence and comparable sales. Disturbance compensation was awarded for livery costs (£1,580) and Japanese Knotweed control (£7,200), as these losses were causally connected to the scheme and reasonably incurred.

Court Disposition

Claim allowed in part

Orders

  • Compensation for injurious affection awarded at £20,000
  • Disturbance compensation for livery costs awarded at £1,580