7 Mar 1996
Ting Key Investment Ltd. and Another v. The Secretary for Transport
- Citation
- Ting Key Investment Ltd. and Another v. The Secretary for Transport
- Court
- Lands Tribunal
- Case number
- LDMR61/1992
No compensatable disturbance established: there was no implied right of access to the main trunk road and, in any event, compensation turns on interruption/interference with trade not property rights; Schedule para 4(2) requires substantial disturbance subsisting for at least 14 consecutive days and short spells cannot be aggregated; Applicants failed to prove any period of substantial disturbance of 14 days or more and failed to isolate loss caused by road works from loss caused by competition (Caltex) or other factors; accordingly disturbance payment claims dismissed and only mitigation exp…