Robert Poole v South West Water Ltd
Decision date: 9 March 2011
Neutral citation: [2011] UKUT 84 (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 the sole remaining dispute over the claimant’s surveyor’s fees after South West Water installed a water main across Fentonfenna Farm. The Tribunal held that the RICS Guidance Note is the appropriate test for assessing such surveyor’s fees and, applying it, found the claimed time, hourly rate and expenses reasonable, awarding £3,219.50. The Tribunal declined to apply CPR 44.5 to determine the substantive fee and made no order as to the costs of the reference.
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
Surveyors’ fees in statutory disturbance/compensation claims are to be assessed by reference to the RICS Guidance Note: the fee must be proportionate to the size and complexity of the claim and commensurate with the time, effort and expertise required. Civil Procedure Rules cost principles (eg CPR 44.5) and Tribunal Practice Directions govern costs of proceedings but do not supplant the substantive rule (RICS guidance) for assessing the amount of compensation payable for a surveyor’s fee.
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 indicates that the historic Ryde scale is effectively obsolete for calculating surveyors’ fees and any use of it must be tested against actual evidence of time and complexity. It also suggests that a time‑related fee is recoverable where it can be shown to be proportionate and reasonable.