Brian John Faraday v Carmarthenshire CC
Brian John Faraday v Carmarthenshire CC
- 2003
ACQ/84/1997, 24 July 2003. Claim for compensation by claimant (F) for freehold interest in estate agent's office subject to a compulsory purchase order. There were eight major issues to be determined: firstly whether the value of the freehold interest in the property should be assessed by capitalising its rental value or by its capital value; secondly what compensation should F receive for loss of profits after March 1983; thirdly whether F took reasonable steps to mitigate his loss; what was the correct approach to be adopted in calculating interest on F's losses; whether F was entitled to compensation for loss of goodwill; what rent would F have received for the uppper part of property; was the claimed loss of £19 000 on the forced sale of fixtures and fittings justified; and the extent of the costs which would have been incurred in the move. £354 111 compensation awarded to F by C. Interest on loss of profitsm adaption of fixture and fittings and removal costs to be agreed between parties. View decision at www.courtservice.gov.uk.
FARADAY V CARMARTHENSHIRE CC
COMPENSATION
FREEHOLD
Valuation
LOSS OF PROFITS
GOODWILL
ACQ/84/1997, 24 July 2003. Claim for compensation by claimant (F) for freehold interest in estate agent's office subject to a compulsory purchase order. There were eight major issues to be determined: firstly whether the value of the freehold interest in the property should be assessed by capitalising its rental value or by its capital value; secondly what compensation should F receive for loss of profits after March 1983; thirdly whether F took reasonable steps to mitigate his loss; what was the correct approach to be adopted in calculating interest on F's losses; whether F was entitled to compensation for loss of goodwill; what rent would F have received for the uppper part of property; was the claimed loss of £19 000 on the forced sale of fixtures and fittings justified; and the extent of the costs which would have been incurred in the move. £354 111 compensation awarded to F by C. Interest on loss of profitsm adaption of fixture and fittings and removal costs to be agreed between parties. View decision at www.courtservice.gov.uk.
FARADAY V CARMARTHENSHIRE CC
COMPENSATION
FREEHOLD
Valuation
LOSS OF PROFITS
GOODWILL