Hepworth Building Projects v Coal Authority
Hepworth Building Projects v Coal Authority
- 1999
- Estates Gazette Law Reports [1999] 41 EG 157-159(3) .
CA 2 July 1999. Lands Tribunal. H owned a property damaged by mining subsidence. In November 1979 it claimed compensation under the Coal Industry Act 1975. In July 1982 H rejected a open offer to settle for £35,000. By November 1989, C withdrew an earlier sealed offer and offered £100,000 as compensation. The case was concerned with the withdrawal of sealed offers. Whether tribunal entitled to have regard to withdrawn sealed offers. Remitted second hearing. Whether tribunal allowed to have regard to offers made prior to first hearing in relation to costs of second hearing. Held, the appeal was allowed in part. The November 1989 offer letter was relevant, but not decisive on the questions of costs.
COSTS
SEALED OFFERS
HEPWORTH BUILDING PROJECTS V COAL AUTHORITY
MINING
SUBSIDENCE
DAMAGE
COMPENSATION
CA 2 July 1999. Lands Tribunal. H owned a property damaged by mining subsidence. In November 1979 it claimed compensation under the Coal Industry Act 1975. In July 1982 H rejected a open offer to settle for £35,000. By November 1989, C withdrew an earlier sealed offer and offered £100,000 as compensation. The case was concerned with the withdrawal of sealed offers. Whether tribunal entitled to have regard to withdrawn sealed offers. Remitted second hearing. Whether tribunal allowed to have regard to offers made prior to first hearing in relation to costs of second hearing. Held, the appeal was allowed in part. The November 1989 offer letter was relevant, but not decisive on the questions of costs.
COSTS
SEALED OFFERS
HEPWORTH BUILDING PROJECTS V COAL AUTHORITY
MINING
SUBSIDENCE
DAMAGE
COMPENSATION