(1) Graham Michael Scott (2) Abigail Ahern and Others v The Secretary of State for Transport
Decision date: 30 March 2010
Neutral citation: [2010] UKUT 93 (LC)
Overall AI summary confidence: high
Short overview
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AI confidence in this short overview: high
This case concerns seven references arising from compulsory acquisition of six subsoil interests (and one surface plot) for the Channel Tunnel Rail Link (Section 2). The Tribunal held that for five determined references the open market value of each deep subsoil interest was nominally £50, with no compensation for injurious affection, severance or disturbance, but awarded £500 legal/survey fees per claim and statutory interest from 1 September 2002; two remaining references were stayed until 21 April 2010. No order as to costs was made.
Ratio decidendi
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AI confidence in this ratio decidendi summary: medium
Where there is no open market for deep subsoil interests and no evidence of damage or market demand beyond compulsory acquisition, nominal market value may be appropriate for compensation; compensation under the relevant compulsory acquisition statutes is confined to recognised heads (market value and statutory items) and absent evidence of injury severance or disturbance such heads need not be awarded.
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 judgment records expert evidence that surveys showed no tunnelling-attributable damage, supporting the refusal to award disturbance or injurious affection; and notes that parties may seek precautionary Tribunal determinations where conveyance completion is uncertain even after agreement on compensation.