MARIA L OGUNSEYE v THE LONDON BOROUGH OF NEWHAM

Decision date: 28 May 2014

Neutral citation: [2014] UKUT 232 (LC)

Overall AI summary confidence: high

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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 assessed disturbance compensation under s.38(1)(a) Land Compensation Act 1973 after the claimant was rehoused by the London Borough of Newham. The tribunal examined each claimed replacement/repair item and awarded sums only where the move necessitated replacement and credible, reasonable evidence supported the cost, resulting in a total award of £2,207.30. Claims for several items (sofa, washing machine, wardrobe, cooker, reconnection costs, second front door, Sky connection) were rejected for lack of credible evidence or because they were not caused by the move. No costs were awarded.

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

When assessing disturbance claims under s.38(1)(a) a tribunal must award reasonable expenses shown to have been necessitated by rehousing and supported by credible evidence, excluding amounts that would constitute betterment or are unrelated to the move; insufficient or unreliable evidence justifies rejection of particular items and offers from the respondent may be accepted where reasonable.

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 noted that charters or later policy documents not in force at the time may nonetheless be used as a guide to value, and warned that self-represented claimants should present credible, consistent evidence because unreasonable conduct may attract costs under the simplified procedure.

Warning

- The chunk repeats material verbatim in places but the meaning and findings are clear; none.

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