[2023] UKUT 217 (LC)

Fecha: 19-Sep-2023

Conclusions

Disposal

170.

The rule 6 compensation should be added to the sum of £360,000 we have assessed as compensation for injurious affection, and the agreed sums of £25,000 for the land taken and £1,875 in respect of statutory loss. The aggregate value of the claim is therefore £947,501.

171.

To calculate the sum payable to the claimant statutory interest and the advance payment of £54,360 made to DT must both be taken into account. The parties should now agree the appropriate calculation and submit an agreed form of draft order including the undertakings which National Highways has agreed to give. They may also make any claims for costs within 14 days of this decision.

Martin Rodger KC Mr Mark Higgin FRICS FIRRV

Deputy Chamber President

19 September 2023

Right of appeal

Any party has a right of appeal to the Court of Appeal on any point of law arising from this decision. The right of appeal may be exercised only with permission. An application for permission to appeal to the Court of Appeal must be sent or delivered to the Tribunal so that it is received within 1 month after the date on which this decision is sent to the parties (unless an application for costs is made within 14 days of the decision being sent to the parties, in which case an application for permission to appeal must be made within 1 month of the date on which the Tribunal’s decision on costs is sent to the parties). An application for permission to appeal must identify the decision of the Tribunal to which it relates, identify the alleged error or errors of law in the decision, and state the result the party making the application is seeking. If the Tribunal refuses permission to appeal a further application may then be made to the Court of Appeal for permission.