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Ocean Leisure Ltd v Westminster City Council

Series: Rating and Valuation Reporter ; [2004] RVR 145-153(9)Publication details: 2004Subject(s): Summary: LCA/30/2003, 3 February 2004. Under the River Thames (Hungerford Bridge) Order 1999, statutory powers were given for the construction of two footbridges across the river on either side of the Hungerford railway bridge. During the construction works, hoardings were erected in Northumberland Avenue and Victoria Embankment outside claimant O's premises leaving only a narrow passage between hoardings and O's shop frontages. The frontages were also obscured from view. O sought compensation (based on diminution in rental value) under the Compulsory Purchase Act 1965 s10 (as applied by Art 6 of the 1999 Order). O's claim for injurious affection was allowed on the grounds that in absence of statutory powers it would have had a right of action in public nuisance in respect of the obstruction of the highway by the hoardings.
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Item type Current library Call number Copy number Status Barcode
Law report London Journal article X127025 (Browse shelf(Opens below)) 1 Available 127025-1001

LCA/30/2003, 3 February 2004. Under the River Thames (Hungerford Bridge) Order 1999, statutory powers were given for the construction of two footbridges across the river on either side of the Hungerford railway bridge. During the construction works, hoardings were erected in Northumberland Avenue and Victoria Embankment outside claimant O's premises leaving only a narrow passage between hoardings and O's shop frontages. The frontages were also obscured from view. O sought compensation (based on diminution in rental value) under the Compulsory Purchase Act 1965 s10 (as applied by Art 6 of the 1999 Order). O's claim for injurious affection was allowed on the grounds that in absence of statutory powers it would have had a right of action in public nuisance in respect of the obstruction of the highway by the hoardings.