Wiltshire County Council v Crest Estates Ltd & Ors

Wiltshire County Council v Crest Estates Ltd & Ors

The majority held that the indemnity clause, when construed in its statutory and contractual context, does not extend to cover the Council's liability to pay compensation under the Land Compensation Act 1973, as such claims arise from the use of the road, not the carrying out of the works, and the agreement's structure and language support a narrower construction.

Parties
Appellant: Wiltshire County Council; 1st Respondent: Crest Estates Limited; 2nd Respondent: Crest Nicholson Residential PLC; 3rd Respondent: Langtree Property Company
Jurisdiction
England and Wales
Judgment Date
05 August 2005
Procedural Posture
Civil Appeal / Appeal From High Court Preliminary Issue
Outcome
Appeal dismissed (by majority)
Legal Topics
Interpretation of Indemnity Clauses, Statutory Compensation for Injurious Affection, Allocation of Liability Under Development Agreements
Contract Law Local Government Law Compensation Law Interpretation of Indemnity Clauses Statutory Compensation for Injurious Affection Allocation of Liability Under Development Agreements

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Parties

Wiltshire County Council

Appellant

Crest Estates Limited

1st Respondent

Crest Nicholson Residential PLC

2nd Respondent

Langtree Property Company

3rd Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Preliminary Issue

Legal Issues

  1. 1 Whether the indemnity clause in the agreements covers claims for compensation against the Council under Part I of the Land Compensation Act 1973

Ratio Decidendi

The majority held that the indemnity clause, when construed in its statutory and contractual context, does not extend to cover the Council's liability to pay compensation under the Land Compensation Act 1973, as such claims arise from the use of the road, not the carrying out of the works, and the agreement's structure and language support a narrower construction.

Court Disposition

Appeal dismissed (by majority)

Orders

  • The appeal is dismissed.