George LAnthony Denton-Ashley v London Borough of Lambeth
Decision date: 17 November 2010
Neutral citation: [2010] UKUT 405 (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 case concerned compensation for the deemed compulsory acquisition of Mr Denton-Ashley’s long-leasehold maisonette under the Myatts Field North Estate CPO, with the sole issue being the open market value under the Land Compensation Act 1961. The tribunal preferred recent, proximate estate comparables, made adjustments for poorer location, condition and access, fixed market value at £153,750, and added statutory home loss (£15,375) and disturbance (£1,320) for a total award of £170,445; no costs were ordered.
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: high
The tribunal applied that where recent, proximate estate comparables are available, they should be preferred and appropriately adjusted for differences in location, condition and access to determine open market value under section 5 of the Land Compensation Act 1961; statutory home loss and disturbance payments are then added to that assessed market value.
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 decision suggests (obiter) that use of broad market indices for time adjustments can be of limited value when more recent local transactions on the same estate exist, and that comparables from off the estate may require excessive adjustments and therefore be less reliable.