Representatives of Chadwick (deceased) & anor -v- Fingal County Council [2007] IESC 49 (06 November 2007)

Representatives of Chadwick (deceased) & anor -v- Fingal County Council [2007] IESC 49 (06 November 2007)

Compensation for injurious affection under s.63 of the Lands Clauses Consolidation Act 1845 is limited to damage caused by works carried out on the land actually acquired from the claimant, not by works on other lands, and this interpretation is consistent with constitutional property rights. The established line of authority, including Edwards v Minister of Transport, is correct and should not be departed from.

Citation
[2007] IESC 49
Parties
Claimant/appellant: Representatives of Terence Chadwick (deceased) and Sheelagh Davis-Goff; Respondent/respondent: Fingal County Council
Jurisdiction
Ireland
Judgment Date
06 November 2007
Procedural Posture
Appeal (case Stated From Property Arbitrator) / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed; High Court order affirmed.
Legal Topics
Compensation for Injurious Affection, Interpretation of Lands Clauses Consolidation Act 1845 S.63, Statutory Compensation Limits, Constitutional Property Rights, Precedent and Statutory Interpretation
Compulsory Acquisition Property Law Administrative Law Constitutional Law Compensation for Injurious Affection Interpretation of Lands Clauses Consolidation Act 1845 S.63 Statutory Compensation Limits Constitutional Property Rights +1 more

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Parties

Representatives of Terence Chadwick (deceased) and Sheelagh Davis-Goff

Claimant/appellant

Fingal County Council

Respondent/respondent

Procedural Posture

Appeal (case Stated From Property Arbitrator) / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether compensation for injurious affection under s.63 of the Lands Clauses Consolidation Act 1845 is limited to damage caused by works on the land actually acquired from the claimant, or extends to works on other lands acquired for the scheme.
  2. 2 Whether the established interpretation of s.63 is consistent with constitutional property rights.

Ratio Decidendi

Compensation for injurious affection under s.63 of the Lands Clauses Consolidation Act 1845 is limited to damage caused by works carried out on the land actually acquired from the claimant, not by works on other lands, and this interpretation is consistent with constitutional property rights. The established line of authority, including Edwards v Minister of Transport, is correct and should not be departed from.

Court Disposition

Appeal dismissed; High Court order affirmed.

Orders

  • Appeal dismissed.
  • Order of the High Court affirmed.