Payne v Electricity Supply Board (Approved) [2021] IEHC 512 (16 July 2021)

Payne v Electricity Supply Board (Approved) [2021] IEHC 512 (16 July 2021)

The €66,000 payment was not described or intended as statutory compensation for loss under Section 53(5) of the Electricity (Supply) Act 1927, but as a payment for cooperation with construction. It was not linked to compensation for loss, nor made subject to deduction from statutory compensation. Therefore, it is...

Source-derived case information.

Citation
[2021] IEHC 512
Parties
Plaintiff: Kenneth Payne; Defendant: Electricity Supply Board
Jurisdiction
Ireland
Judgment Date
16 July 2021
Procedural Posture
Special Case Stated / Judicial Review / High Court Judgment
Outcome
Question answered: €66,000 not to be taken into account by Property Arbitrator in compensation assessment.
Legal Topics
Compensation for Compulsory Acquisition, Statutory Interpretation, Wayleave, Public Authority Payments
Compulsory Acquisition Property Law Administrative Law Compensation for Compulsory Acquisition Statutory Interpretation Wayleave Public Authority Payments

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Parties

Kenneth Payne

Plaintiff

Electricity Supply Board

Defendant

Procedural Posture

Special Case Stated / Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether €66,000 paid to Mr. Payne should be taken into account by the Property Arbitrator in assessing statutory compensation under Section 53(5) of the Electricity (Supply) Act 1927

Ratio Decidendi

The €66,000 payment was not described or intended as statutory compensation for loss under Section 53(5) of the Electricity (Supply) Act 1927, but as a payment for cooperation with construction. It was not linked to compensation for loss, nor made subject to deduction from statutory compensation. Therefore, it is not to be taken into account by the Property Arbitrator in assessing compensation.

Court Disposition

Question answered: €66,000 not to be taken into account by Property Arbitrator in compensation assessment.

Orders

  • Matter listed for mention on 27 July 2021 at 10:30am to hear parties on any issues arising, including costs.