Wards Construction (Medway) v Barclays Bank plc
Wards Construction (Medway) v Barclays Bank plc
- 1994
- Estates Gazette (1994) 40 EG 135-138(4) .
CA 1 July 1994. To facilitate conditions for compliance with planning permission, W agreed with Kent CC to pay 65% of land acquisition costs. Kent compulsorily purchased land from HB (later Barclays) and LT determined compensation at £500,000 with a further £150,000 for adjoining land. On appeal to the CA the case (as "Batchelor v Kent" Abs41678) was remitted to the LT where compensation was set at £2.15m and £10,000. The claimant appealed for a figure of £3.583m and W, liable for 65% of the cost, stated a case to the CA. W argued that the relative merits of the "Pointe Gourde" principle and "Stokes v Cambridge" were misapplied. Both appeals were dismissed and the LT`s award remained.
ACCESS
BATCHELOR V KENT CC
COMPENSATION
Compulsory purchase
LAND COMPENSATION ACT 1973 S53
NO-SCHEME WORLD
POINTE GOURDE QUARRYING AND TRANSPORT CO LTD V CROWN LANDS SUPERINTENDENT
STOKES PRINCIPLE
STOKES V CAMBRIDGE CORPORATION
Valuation
WARDS CONSTRUCTION (MEDWAY) V BARCLAYS BANK PLC
CA 1 July 1994. To facilitate conditions for compliance with planning permission, W agreed with Kent CC to pay 65% of land acquisition costs. Kent compulsorily purchased land from HB (later Barclays) and LT determined compensation at £500,000 with a further £150,000 for adjoining land. On appeal to the CA the case (as "Batchelor v Kent" Abs41678) was remitted to the LT where compensation was set at £2.15m and £10,000. The claimant appealed for a figure of £3.583m and W, liable for 65% of the cost, stated a case to the CA. W argued that the relative merits of the "Pointe Gourde" principle and "Stokes v Cambridge" were misapplied. Both appeals were dismissed and the LT`s award remained.
ACCESS
BATCHELOR V KENT CC
COMPENSATION
Compulsory purchase
LAND COMPENSATION ACT 1973 S53
NO-SCHEME WORLD
POINTE GOURDE QUARRYING AND TRANSPORT CO LTD V CROWN LANDS SUPERINTENDENT
STOKES PRINCIPLE
STOKES V CAMBRIDGE CORPORATION
Valuation
WARDS CONSTRUCTION (MEDWAY) V BARCLAYS BANK PLC