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Emslie and Simpson Ltd v Aberdeen DC

Language: English Series: Scottish Civil Law Reports ; 1994 SCLR 69-88(20)Publication details: 1994Subject(s): Summary: Compulsory purchase - assessment of compensation - general vesting declaration - validity of notice to treat - disturbance - loss of profits - loss sustained prior to vesting date - blighting effect of scheme - causation - whether loss caused by dispossession - whether loss by reason of `execution of the works` - Lands Clauses Consolidation (Scotland) Act 1845 (c.19), ss.17,19,114 - Acquisition of Land (Assessment of Compensation) Act 1919 (c.57), s.2 - Acquisition of Land (Authorisation Procedure)(Scotland) Act 1947 (c.42), Sced.1, para.15 - Land Compensation (Scotland) Act 1963 (c. 51), s.12 - Tribunals and Inquiries Act 1971 (c.62), s.13(1),(6) - Town and Country Planning (Scotland) Act 1972 (c.52), ss.233,278, Sched.24, paras 7,8 ,38 - Land Compensation (Scotland) Act 1973 (c.56), s.35(1)(b) - Tribunals and Inquiries Act 1992 (c.53), s.11. Court of Session, Inner House (First Division) 15 October 1993.

Compulsory purchase - assessment of compensation - general vesting declaration - validity of notice to treat - disturbance - loss of profits - loss sustained prior to vesting date - blighting effect of scheme - causation - whether loss caused by dispossession - whether loss by reason of `execution of the works` - Lands Clauses Consolidation (Scotland) Act 1845 (c.19), ss.17,19,114 - Acquisition of Land (Assessment of Compensation) Act 1919 (c.57), s.2 - Acquisition of Land (Authorisation Procedure)(Scotland) Act 1947 (c.42), Sced.1, para.15 - Land Compensation (Scotland) Act 1963 (c. 51), s.12 - Tribunals and Inquiries Act 1971 (c.62), s.13(1),(6) - Town and Country Planning (Scotland) Act 1972 (c.52), ss.233,278, Sched.24, paras 7,8 ,38 - Land Compensation (Scotland) Act 1973 (c.56), s.35(1)(b) - Tribunals and Inquiries Act 1992 (c.53), s.11. Court of Session, Inner House (First Division) 15 October 1993.