This case ([2005] EWCA Civ 1087,{2005] 41 EG 206) concerned with the payment of compensation to homeowners affected by a new road built by C. The road was constructed during a time of development to the west of Chippenham in Wiltshire and was to form part of the Chippenham West bypass. C were to construct the road with ownership eventually transferring to W who are the highway authority. An indemnity was agreed upon, from C in favour of W which covered claims and expenses arising from the works. Subsequently some residents who had bought properties near the road claimed compensation under the Land Compensation Act 1973 for the depreciation in the values of properties because of physical factors. W paid out for these claims and aimed to recover the costs from C via the indemnity. "Held:" The court ruled that the indemnity covered the construction of the road and did not extend to compensation under the 1973 Act and that C's liability ended when the road was adopted by W.