Mark Goodman & Ors v Transport for London
Decision date: 5 April 2016
Neutral citation: [2016] UKUT 126 (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 Part I Land Compensation Act 1973 claims by residents near the Coulsdon Inner Relief Road, valuing loss at the first claim day (19 Dec 2007). The Tribunal found the new road increased and changed the character of noise (filling quieter intervals between train movements) and awarded market‑based depreciation: 4% for elevated properties on Cordrey Gardens/Deepfield Way and 1% for 79 Brighton Road. Artificial lighting and dust were not found to have a material effect on value.
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: medium
Where evidence demonstrates an increase in road noise and a material change in its character, that evidence can support a finding of diminution in market value provided the finding is supported by relevant market comparables; valuation should be driven primarily by market transactions and indices, with noise expert evidence informing but not supplanting comparable‑based valuation.
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 expressed caution about over‑reliance on post‑reference settlements as indicators of diminution and noted that the choice of local house‑price index should reflect geographic reality, with blended indices appropriate where properties lie on a boundary.