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Terence Welford (1) Colin Phillips (2) IOD Skip Hire Limited V EDF Energy Networks (LPN) PLC [electronic resource]

Language: English Publication details: 2007Subject(s): Summary: Considers whether a claim can be made for loss of business profits owing to the presence of electricity cables. W had purchased land for use by their business. After obtaining planning permission they had begun development and started preparatory work. They were then made aware of the presence of electricity cables beneath it and requested their removal by E. E obtained a wayleave for their retention. The effect of this was to limit construction work and therefore the development of the business. "Held": It was found that the value of the land had been reduced by the presence of the cables. Investment had been made in the land and operations begun, which constituted the presence of a business. The business would have begun full operations in 1996, but this was delayed until 2000 due to the presence of the cables. Therefore a loss of profits was discernable.
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Considers whether a claim can be made for loss of business profits owing to the presence of electricity cables. W had purchased land for use by their business. After obtaining planning permission they had begun development and started preparatory work. They were then made aware of the presence of electricity cables beneath it and requested their removal by E. E obtained a wayleave for their retention. The effect of this was to limit construction work and therefore the development of the business. "Held": It was found that the value of the land had been reduced by the presence of the cables. Investment had been made in the land and operations begun, which constituted the presence of a business. The business would have begun full operations in 1996, but this was delayed until 2000 due to the presence of the cables. Therefore a loss of profits was discernable.