Thariq Mahmood Mohammed & Others v Thariq Mahmood Mohammed & Others v Newcastle City Council
Decision date: 6 October 2015
Neutral citation: [2015] UKUT 439 (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 interim Upper Tribunal decision resolves factual disputes in compulsory purchase references concerning 15 Waterloo Street and related premises, finding many claimant assertions unreliable and several family purported leases sham. The Tribunal held there was effectively one trading business (the Happy Chip), disallowed the claimed second relocation, allowed only a modest personal time award (£450), and directed further expert valuation and measurement hearings. Costs of the first hearing were reserved.
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
Where contemporaneous documentary evidence is lacking and alleged formal arrangements are in reality informal family dealings, purported formal leases may be treated as shams and disregarded for compensation purposes; occupants who lack proprietary leasehold interests at the notice date are limited to disturbance compensation under the 1973 Act; claims for relocation and reconstruction require credible contemporaneous corroboration and a clear causal link to the compulsory acquisition.
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 late, piecemeal disclosure and repeatedly amended claims undermine witness credibility and can justify adverse factual findings, and that expert valuation/measurement evidence must be reframed in light of the Tribunal’s factual findings (including sham leases) before further expert evidence is heard.