Robert J Moor (Upholsters) Ltd v British Coal Corporation
Robert J Moor (Upholsters) Ltd v British Coal Corporation
- 1995
- Property and Compensation Reports 1995 69 P&CR 275-287(13) .
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.
ALTERNATIVE ACCOMMODATION
BUSINESS PREMISES
COAL MINING (SUBSIDENCE) ACT 1957
COAL MINING
NON-DOMESTIC PREMISES
REMEDIAL WORK
SUBSIDENCE
VACANT POSSESSION
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.
ALTERNATIVE ACCOMMODATION
BUSINESS PREMISES
COAL MINING (SUBSIDENCE) ACT 1957
COAL MINING
NON-DOMESTIC PREMISES
REMEDIAL WORK
SUBSIDENCE
VACANT POSSESSION