Northern Ireland Water Ltd v Chivers & Anor [2016] NICA 22 (23 May 2016)

Northern Ireland Water Ltd v Chivers & Anor [2016] NICA 22 (23 May 2016)

Compensation under Article 55 of the 1973 Order is not limited to direct physical damage but extends to any proven diminution in value of the land caused by or in consequence of the works, to be established by valuation evidence. No ancillary rights are acquired by NIW; entitlement to compensation arises solely from proven damage.

Citation
[2016] NICA 22
Parties
Appellant/respondent: Northern Ireland Water Limited; Respondent/claimant: Liam Chivers; Respondent/claimant: Brenda Chivers
Jurisdiction
Northern Ireland
Judgment Date
23 May 2016
Procedural Posture
Appeal by Way of Case Stated From the Lands Tribunal for Northern Ireland / Court of Appeal Judgment on Preliminary Issues
Outcome
Appeal dismissed in part; preliminary findings of the Lands Tribunal largely upheld with clarification.
Legal Topics
Compensation for Statutory Works, Wayleave, Diminution in Land Value, Interpretation of Statutory Compensation Provisions
Compulsory Purchase Land Law Public Law Compensation for Statutory Works Wayleave Diminution in Land Value Interpretation of Statutory Compensation Provisions

Case Brief

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Parties

Northern Ireland Water Limited

Appellant/respondent

Liam Chivers

Respondent/claimant

Brenda Chivers

Respondent/claimant

Procedural Posture

Appeal by Way of Case Stated From the Lands Tribunal for Northern Ireland / Court of Appeal Judgment on Preliminary Issues

Legal Issues

  1. 1 Whether compensation under Article 55 of the Water and Sewerage Services (NI) Order 1973 includes diminution in development value due to sterilisation by sewer works
  2. 2 Whether compensation is limited to direct physical damage or extends to consequential loss
  3. 3 Whether 'ancillary rights' were acquired by NIW under the statutory scheme

Ratio Decidendi

Compensation under Article 55 of the 1973 Order is not limited to direct physical damage but extends to any proven diminution in value of the land caused by or in consequence of the works, to be established by valuation evidence. No ancillary rights are acquired by NIW; entitlement to compensation arises solely from proven damage.

Court Disposition

Appeal dismissed in part; preliminary findings of the Lands Tribunal largely upheld with clarification.

Orders

  • Matter remitted for further hearing before the Lands Tribunal to determine the nature and extent of compensatable loss based on valuation evidence.
  • Parties to make further submissions on heads of compensation under the 1973 Order.