Representatives of Chadwick and Goff v. Fingall County Council [2003] IEHC 69 (17 October 2003)

Representatives of Chadwick and Goff v. Fingall County Council [2003] IEHC 69 (17 October 2003)

Compensation for injurious affection under section 63 of the Lands Clauses Consolidation Act 1845 is limited to injury caused by works on and user of the land actually acquired from the claimants. The statutory scheme does not provide compensation for depreciation caused by the use of other lands acquired for the public undertaking. This interpretation is consistent with the Constitution, as the loss claimed is not a compensatable loss at common law, and the limitation is necessary to ensure fairness and equality before the law.

Citation
[2003] IEHC 69
Parties
Claimants: Representatives of Terence Chadwick Deceased and Sheelagh Davis Goff; Respondents: Fingal County Council
Jurisdiction
Ireland
Judgment Date
17 October 2003
Procedural Posture
Consultative Case Stated (case Stated for Opinion of the High Court) / High Court Judgment on Case Stated
Outcome
Question answered in the affirmative; compensation for injurious affection is limited to injury caused by works on and user of the land actually acquired from the claimants.
Legal Topics
Compensation for Injurious Affection, Statutory Interpretation, Equality Before the Law, Constitutional Property Rights
Compulsory Acquisition Property Law Constitutional Law Compensation for Injurious Affection Statutory Interpretation Equality Before the Law Constitutional Property Rights

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Parties

Representatives of Terence Chadwick Deceased and Sheelagh Davis Goff

Claimants

Fingal County Council

Respondents

Procedural Posture

Consultative Case Stated (case Stated for Opinion of the High Court) / High Court Judgment on Case Stated

Legal Issues

  1. 1 Whether compensation for injurious affection under section 63 of the Lands Clauses Consolidation Act 1845 is limited to injury caused by works on and user of land actually acquired from the claimants, or extends to all depreciation caused by the public scheme.

Ratio Decidendi

Compensation for injurious affection under section 63 of the Lands Clauses Consolidation Act 1845 is limited to injury caused by works on and user of the land actually acquired from the claimants. The statutory scheme does not provide compensation for depreciation caused by the use of other lands acquired for the public undertaking. This interpretation is consistent with the Constitution, as the loss claimed is not a compensatable loss at common law, and the limitation is necessary to ensure fairness and equality before the law.

Court Disposition

Question answered in the affirmative; compensation for injurious affection is limited to injury caused by works on and user of the land actually acquired from the claimants.