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Robert J Moor (Upholsters) Ltd v British Coal Corporation

Language: English Series: Property and Compensation Reports ; 1995 69 P&CR 275-287(13)Publication details: 1995Subject(s): Summary: LT 9 December 1994. Raises three questions for determination: firstly whether the respondent (B) was obliged to find suitable alternative accommodation for the claimant (R) and his tenants under the Coal Mining (Subsidence) Act 1957 whilst remedial work was being carried out on shop premises; secondly whether an order should be made under s13 of the Act requiring B to carry out the works and R`s entitlement. Held that B had no duty to provide alternative accommodation for non-domestic premises and as he had been unwilling to give vacant possession it was not appropriate to make an order under s13(3)(a) of the 1957 Act. Claim for damages dismissed.
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Law report London Journal article ABS52562 (Browse shelf(Opens below)) 1 Available 84792-1001

LT 9 December 1994. Raises three questions for determination: firstly whether the respondent (B) was obliged to find suitable alternative accommodation for the claimant (R) and his tenants under the Coal Mining (Subsidence) Act 1957 whilst remedial work was being carried out on shop premises; secondly whether an order should be made under s13 of the Act requiring B to carry out the works and R`s entitlement. Held that B had no duty to provide alternative accommodation for non-domestic premises and as he had been unwilling to give vacant possession it was not appropriate to make an order under s13(3)(a) of the 1957 Act. Claim for damages dismissed.