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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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