Clift and Clift v Welsh Office
Clift and Clift v Welsh Office
- 1998
- Rating & Valuation Reporter [1998] 38(11) RVR 303-308(6) .
CA 23 July 1998. The case concerns a claim for compensation by the claimants (C) under the Compulsory Purchase Act 1965 s10 for disturbance and obstruction of access due to improvements on the A55 trunk road which the house in question fronted. The Welsh Office suggested that in order to sustain a claim under s10, it had to be shown that reasonable steps had not been taken to ensure that no undue inconvenience was caused, and that a private litigant must show that he had suffered some special damage as a result of the public nuisance. The Lands Tribunal held that the compensation payable to C was £400, the Welsh Office appealed, and the appeal was dismissed on the grounds that special damage had been suffered by C and that the fact that reasonable precautions had been taken did not prevent a claim based on physical damage.
ACCESS
CLIFT AND CLIFT V WELSH OFFICE
COMPULSORY PURCHASE ACT 1965 S10
DISTURBANCE
DWELLING
LOSS IN VALUE
PHYSICAL DAMAGE
ROADWORKS
CA 23 July 1998. The case concerns a claim for compensation by the claimants (C) under the Compulsory Purchase Act 1965 s10 for disturbance and obstruction of access due to improvements on the A55 trunk road which the house in question fronted. The Welsh Office suggested that in order to sustain a claim under s10, it had to be shown that reasonable steps had not been taken to ensure that no undue inconvenience was caused, and that a private litigant must show that he had suffered some special damage as a result of the public nuisance. The Lands Tribunal held that the compensation payable to C was £400, the Welsh Office appealed, and the appeal was dismissed on the grounds that special damage had been suffered by C and that the fact that reasonable precautions had been taken did not prevent a claim based on physical damage.
ACCESS
CLIFT AND CLIFT V WELSH OFFICE
COMPULSORY PURCHASE ACT 1965 S10
DISTURBANCE
DWELLING
LOSS IN VALUE
PHYSICAL DAMAGE
ROADWORKS