Adam v Woking Borough Council [2000] EWLands LCA_88_1999 (07 February 2000)

Adam v Woking Borough Council [2000] EWLands LCA_88_1999 (07 February 2000)

Compensation for disturbance is limited to losses that are a direct, natural, and reasonable consequence of dispossession, are not too remote, and have been mitigated; only substantiated and quantifiable losses are compensable. Most heads of claim failed due to remoteness, lack of evidence, or failure to mitigate; only disbursements/expenses and loss of cooker/fridge justified limited compensation as per Council's offer.

Citation
[2000] EWLands LCA_88_1999
Parties
Claimant: Jacqueline Adam; Respondent: Woking Borough Council
Jurisdiction
England and Wales
Judgment Date
07 February 2000
Procedural Posture
Compensation Claim Under Land Compensation Act 1973, Section 38 / Final Determination by Lands Tribunal
Outcome
Claim allowed in part; compensation awarded for limited heads of claim only.
Legal Topics
Disturbance Compensation, Home Loss Payment, Mitigation of Loss, Remoteness of Damage, Statutory Interpretation
Compulsory Purchase and Compensation Landlord and Tenant Disturbance Compensation Home Loss Payment Mitigation of Loss Remoteness of Damage Statutory Interpretation

Case Brief

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Parties

Jacqueline Adam

Claimant

Woking Borough Council

Respondent

Procedural Posture

Compensation Claim Under Land Compensation Act 1973, Section 38 / Final Determination by Lands Tribunal

Legal Issues

  1. 1 Whether the claimant is entitled to compensation for various heads of disturbance following displacement under a Closing Order
  2. 2 Whether claimed losses are a natural and reasonable consequence of dispossession and not too remote
  3. 3 Whether the claimant failed to mitigate her losses

Ratio Decidendi

Compensation for disturbance is limited to losses that are a direct, natural, and reasonable consequence of dispossession, are not too remote, and have been mitigated; only substantiated and quantifiable losses are compensable. Most heads of claim failed due to remoteness, lack of evidence, or failure to mitigate; only disbursements/expenses and loss of cooker/fridge justified limited compensation as per Council's offer.

Court Disposition

Claim allowed in part; compensation awarded for limited heads of claim only.

Orders

  • Council to pay claimant £400 as additional compensation for disturbance.