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British Coal Corporation v Ellistown Pipes Ltd (Hepworth Building Products)

Language: English Series: Rating & Valuation Reporter ; 34(4) RVR 81-96(16)Subject(s): Summary: Appeal by BCC from an interim decision of the LT, determining the liability of BCC to pay compensation to the claimant, HBPL, in respect of damage to land caused by coal mining subsidence, and of the basis upon which compensation was to be assessed. The issues centred around the application of Limitation Act 1990 ss8 and 9 to claims for compensation under the Coal Industry Act 1975, and as to whether the claimant was entitled to compensation on the basis of the cost of reinstatement of the property on another site, or to compensation based on the diminution in value caused by the damage done to their land and buildings. Held, LT were correct in finding that the damage caused by subsidence on the garage, causing it to be damaged beyond repair, occured after the end of 1974, and the claim was not statute barred; case to be remitted to the LT for assessment of proper compensation.
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Law report London Journal article ABS51077 (Browse shelf(Opens below)) 1 Available 8406-1001

Appeal by BCC from an interim decision of the LT, determining the liability of BCC to pay compensation to the claimant, HBPL, in respect of damage to land caused by coal mining subsidence, and of the basis upon which compensation was to be assessed. The issues centred around the application of Limitation Act 1990 ss8 and 9 to claims for compensation under the Coal Industry Act 1975, and as to whether the claimant was entitled to compensation on the basis of the cost of reinstatement of the property on another site, or to compensation based on the diminution in value caused by the damage done to their land and buildings. Held, LT were correct in finding that the damage caused by subsidence on the garage, causing it to be damaged beyond repair, occured after the end of 1974, and the claim was not statute barred; case to be remitted to the LT for assessment of proper compensation.