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14 March 2014
Issue: 7598 / Categories: Case law , Law digest , In Court
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Electricity

National Grid Electricity Transmission Plc v Arnold White Estates Ltd [2014] EWCA Civ 216, [2014] All ER (D) 16 (Mar)

The right to compensation under para 7(1) of Sch 4 to the Act was conferred in general language. The only limitation which might be said to flow from the language used was that the loss for which compensation was claimed had to be loss suffered by the claimant in his capacity as owner or occupier of the land, rather than in some wholly unrelated capacity. The established authorities had repeatedly emphasised that it was by reference to the value to the owner of the land being acquired that compensation was quantified, rather than its objective market value. That principle was fully applicable to the grant of wayleaves. In the instant case, the loss of a contractual right to proceeds of the sale of the land under a conditional contract, where the contract had fallen away because of the grant of the wayleave, had been fairly and squarely a loss suffered by the respondent in its capacity as owner

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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