Wrexham Maelor Borough Council v Macdougall & Ors [1993] EWCA Civ 24 (01 April 1993)

Wrexham Maelor Borough Council v Macdougall & Ors [1993] EWCA Civ 24 (01 April 1993)

Crest was entitled to compensation under section 37 of the 1973 Act as a person in lawful possession, defined as physical occupation with owner's permission, even without a legal interest. Mr Macdougall was not entitled to compensation for loss of his service agreement as consequential loss, as he was not in occupation and such loss was not sufficiently connected to the compulsory acquisition of his leasehold interest.

Citation
[1993] EWCA Civ 24
Parties
Appellant: Wrexham Maelor Borough Council; Respondent: Mr D. S. Macdougall; Respondent: Crest Insurance Services Ltd; Respondent: Crest (Life and Pensions) Ltd
Jurisdiction
England and Wales
Judgment Date
01 April 1993
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed in part; award to Crest under section 37 upheld; award to Mr Macdougall for loss of service agreement set aside.
Legal Topics
Compensation for Disturbance, Lawful Possession, Loss of Service Agreement, Goodwill, Remoteness of Damage
Compulsory Acquisition Land Law Compensation Law Compensation for Disturbance Lawful Possession Loss of Service Agreement Goodwill Remoteness of Damage

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Parties

Wrexham Maelor Borough Council

Appellant

Mr D. S. Macdougall

Respondent

Crest Insurance Services Ltd

Respondent

Crest (Life and Pensions) Ltd

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether Crest was entitled to compensation under section 37 of the Land Compensation Act 1973 for disturbance as a person in lawful possession
  2. 2 Whether Mr Macdougall was entitled to compensation for loss of his service agreement as consequential loss under the Land Compensation Act 1961
  3. 3 Interpretation of 'lawful possession' under section 37 of the 1973 Act

Ratio Decidendi

Crest was entitled to compensation under section 37 of the 1973 Act as a person in lawful possession, defined as physical occupation with owner's permission, even without a legal interest. Mr Macdougall was not entitled to compensation for loss of his service agreement as consequential loss, as he was not in occupation and such loss was not sufficiently connected to the compulsory acquisition of his leasehold interest.

Court Disposition

Appeal allowed in part; award to Crest under section 37 upheld; award to Mr Macdougall for loss of service agreement set aside.

Orders

  • Award to Crest under section 37 of the Land Compensation Act 1973 upheld.
  • Award to Mr Macdougall for loss of service agreement set aside.