ADRIAN ALLEN WALKER v Blackburn with Darwen Borough Council
Decision date: 24 September 2014
Neutral citation: [2014] UKUT 421 (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 assessment of compensation for compulsory acquisition of 8 Redearth Street, Darwen, valuing the property as at 28 March 2008 and determining disturbance. The Tribunal accepted a market value of £106,000, awarded a 10% home loss payment (£10,600), allowed limited disturbance of £700, and ordered statutory interest; other disturbance claims were rejected and 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: medium
The Tribunal treated settlement comparables from within the same clearance area as potentially the most reliable evidence of market value despite usual caution about settlement evidence, and endorsed use of a rate-per-square-metre approach for terraced properties while warning it must be applied cautiously for small or variably conditioned houses.
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 indicated that the District Valuer’s report should not be presumed biased because it was produced for a local authority and that a holistic "stand back and look at it" evaluative approach remains appropriate where comparables are imperfect.