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Gozra v Hackney LBC

Language: English Series: Estates Gazette ; (8846) 19 November 1988, 87-88(2)Publication details: 1988Subject(s): Summary: CA 12 May 1988 Appeal by local authority (H) from LT decision on a question of its jurisdiction under Land Compensation Act 1973 s38(4) to determine a dispute as to the amount of payment under s37(5) of the Act. S38(4) provided that any dispute as to the amount of a disturbance payment shall be referred to and determined by LT. The issue was as to whether the discretionary payment under s37(5) was a "disturbance payment" for this purpose. S37(5) covers cases where a person is displaced from land but is not entitled, as against the local authority, "to a disturbance payment or to compensation for disturbance under any other enactment". It was submitted by H that the 1973 Act drew a clear distinction between a disturbance payment and discretionary payment. It was contended that the jurisdiction conferred on LT related only to an actual disturbance payment. CA held, dismissing appeal, that s38(4) of the 1973 Act gave LT jurisdiction as to the amount of a disturbance payment. Although H
Holdings
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Law report London Journal article ABS39963 (Browse shelf(Opens below)) 1 Available 20322-1001

CA 12 May 1988 Appeal by local authority (H) from LT decision on a question of its jurisdiction under Land Compensation Act 1973 s38(4) to determine a dispute as to the amount of payment under s37(5) of the Act. S38(4) provided that any dispute as to the amount of a disturbance payment shall be referred to and determined by LT. The issue was as to whether the discretionary payment under s37(5) was a "disturbance payment" for this purpose. S37(5) covers cases where a person is displaced from land but is not entitled, as against the local authority, "to a disturbance payment or to compensation for disturbance under any other enactment". It was submitted by H that the 1973 Act drew a clear distinction between a disturbance payment and discretionary payment. It was contended that the jurisdiction conferred on LT related only to an actual disturbance payment. CA held, dismissing appeal, that s38(4) of the 1973 Act gave LT jurisdiction as to the amount of a disturbance payment. Although H