Currie`s Executors v SoS for Scotland
Currie`s Executors v SoS for Scotland
- 1992
- Scots Law Times 1992 SLT 69-73(5) .
LTS 18 March 1992. The question of the amount of compensation payable for loss or damage incurred as a result of the refusal of scheduled monument consent was referred to the Lands Tribunal. The claimants contended that such loss should be assessed at the date of scheduling. The SoS contended that loss should be assessed as at the date of refusal. The tribunal held that compensation was payable for loss or damage under the Ancient Monuments Act 1979 only as a result of the refusal of scheduled monument consent. C had to prove that depreciation in the value of his interest in land had occurred in consequence thereof. The tribunal held that C were not entitled to compensation and found them liable to the SoS for costs.
ANCIENT MONUMENTS AND ARCHAEOLOGICAL AREAS ACT 1979 S7
COMPENSATION
REFUSAL OF CONSENT
SCHEDULED MONUMENT CONSENT
LTS 18 March 1992. The question of the amount of compensation payable for loss or damage incurred as a result of the refusal of scheduled monument consent was referred to the Lands Tribunal. The claimants contended that such loss should be assessed at the date of scheduling. The SoS contended that loss should be assessed as at the date of refusal. The tribunal held that compensation was payable for loss or damage under the Ancient Monuments Act 1979 only as a result of the refusal of scheduled monument consent. C had to prove that depreciation in the value of his interest in land had occurred in consequence thereof. The tribunal held that C were not entitled to compensation and found them liable to the SoS for costs.
ANCIENT MONUMENTS AND ARCHAEOLOGICAL AREAS ACT 1979 S7
COMPENSATION
REFUSAL OF CONSENT
SCHEDULED MONUMENT CONSENT