header-logo header-logo

14 March 2014
Issue: 7598 / Categories: Case law , Law digest , In Court
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll