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The purpose of this paper is to provide an annual update on case law relating to compulsory purchase and compensation.
Abstract
Purpose
The purpose of this paper is to provide an annual update on case law relating to compulsory purchase and compensation.
Design/methodology/approach
Researching decisions made by the Court of Appeal and Upper Tribunal (Lands Chamber) in the field of compensation. Commentary on the legal and valuation implications of a selection of those cases is provided.
Findings
In the last year, there have been a number of interesting cases concerning residual valuations, blight caused by HS2, and Tree Preservation Orders.
Research limitations/implications
The research is limited by the case law available in the last 12 months and this has been a relatively quiet year.
Practical implications
The commentary should assist practitioners to formulate claims for compensation having regard to recent developments in case law.
Originality/value
Its originality and value lies in the fact that it is based on recent legal decisions which have not yet been widely reported.
Details
Keywords
Annual update on caselaw relating to compulsory purchase and compensation. This paper aims to discuss these issues.
Abstract
Purpose
Annual update on caselaw relating to compulsory purchase and compensation. This paper aims to discuss these issues.
Design/methodology/approach
Research of decisions made by the Court of Appeal and lands tribunal in the filed of compensation. Commentary on the legal and valuation implications of a selection of those decisions.
Findings
In the last year there have been a number of interesting cases concerning whether losses based on the value of land can be claimed under the head of disturbance.
Research limitations/implications
The research is naturally limited by the caselaw available in the last 12 months but this has been a relatively busy year.
Practical implications
The commentary should assist practitioners to formulate claims for compensation having regard to recent developments in case law.
Originality/value
It is originality and value relies on the fact that it is based on new legal decisions which have not yet been widely reported.
Details