Case No. UKUT-0269-(LC)
Upper Tribunal Lands Chamber

Case No. UKUT-0269-(LC)

Fecha: 19-Abr-2017

£301,306.40

plus a basic loss payment calculated (incorrectly) at £12,000. The Council’s statement of case in reply was filed on 11 December 2015. In an email to the Tribunal dated 8 February 2017 the Council’s solicitors pointed out that neither its statement of case nor Ms McLoughlin’s expert witness report of 15 February 2016 had dealt with the claims by the second and third claimants. Permission was thus sought to formally join the second and third claimants to the reference, to file an amended statement of case, and submit a brief supplementary expert report to cover these claims. Permission was granted by an Order dated 16 February 2017 and the relevant documents were filed and served on 27 and 28 February 2017 respectively. Issues14.The issues for determination can be summarised as:First claimant 1) Value of the freehold interest in the reference land 2) First claimant’s timeSecond claimant Losses pursuant to the total extinguishment of the business carried on by Mermer Ltd at 4 Station StreetThird claimant Losses pursuant to the total extinguishment of the business undertaken by Mr Orhan Behic at 4A Station StreetThe Claim 15.The claim that accompanied the first claimant’s statement of case dated 28 October 2015 was set out thus: Heads of claim Amount claimed Freehold interest £225,000.00(Plus statutory basic loss payment) Total extinguishment of business Loss of profit £20,000.00Loss on forced sale of equipment:Value to owner £40,000.00Less net proceeds from sale £ 1,210.00 £38,790.00Loss on forced sale of stock (Value to owner) £ 5,000.00 Redundancy payments Mustafa Behic £3,024.00Notice £1,728.00Holiday pay £ 806.40 Orhan Behic £ 576.00Notice £ 576.00Holiday pay £ 806.00 £ 7,516.40 [First] Claimant’s time £ 5,000.00 Total claimed £301,306.40