HAMISH G JOHNSTON & OTHERS PHILIP JOHN DANDY & OTHERS v TAG FARNBOROUGH AIRPORT LIMITED
Decision date: 15 October 2015
Neutral citation: [2015] UKUT 534 (LC)
Overall AI summary confidence: high
Short overview
This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.
AI confidence in this short overview: high
This appeal concerned preliminary issues in Land Compensation Act 1973 claims by residents near Farnborough arising from phased airport works by TAG between 2000–2012. The Tribunal held the runway extension and North Apron were "runway or apron alterations", but most earlier claims (circa 2001–2003) were time-barred and, for limitation-relevant dates in 2002, defeated by continued MoD occupation; only claims linked to the West One Apron (completed 28 May 2010) remained live. Parties may make submissions on costs and compensation for the surviving 2010-related claims will be assessed from the first-claim day of 29 May 2011.
Ratio decidendi
This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.
AI confidence in this ratio decidendi summary: low
The decision indicates that (1) physical extension of runway pavement onto previously unused land qualifies as a runway "extension" under s.9(6); (2) whether works are apron alterations is to be judged by their functional effect and local impact (not solely by net area comparisons); (3) where works occur in phases each alteration’s relevant date for limitation is the date it was first used after practical completion; and (4) occupation for s.84(1) turns on substantive control—management by a contractor under MoD supervision can amount to MoD occupation for limitation purposes.
Obiter dicta
This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.
AI confidence in this obiter dicta summary: medium
The Tribunal observed that section 15 statements may be a useful pragmatic datum for claimants but are not conclusive of the statutory "relevant date"; experts should confine opinion to their field and avoid expansive legal or motivational commentary; and the 1973 Act can operate bluntly in transitional aerodrome cases, producing outcomes that may seem unfair.