Blake Estate Ltd v Government of Montserrat [2005] UKPC 46, 12 15 December 2005.
Language: English Publication details: 2005Subject(s): Online resources: Summary: Concerns the awarding of costs pursuant to the Land Acquisition Act (Montserrat) s22 to a person whose land had been compulsorily purchased and who had incurred costs in making representations as to the amount of compensation to be received. Appeal by B against a decision of the CA of Montserrat concerning compulsory purchase of two areas of land belonging to him. "Held": appeal allowed in part. When the Montserrat Board of Assessment was considering awarding compulsory purchase costs it should have taken into account the principles expressed in "Purfleet Farms Ltd v SoS for Transport, Local Government and the Regions" ([2002] EWCA Civ 1430, Abs 66039) which stated that a claimant should prima facie be entitled to his full costs of preparing and presenting his claim for compensation. The Board should exercise its discretion judicially to reduce the award of costs as provided by s22 of the Act.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 134015-2001 |
Concerns the awarding of costs pursuant to the Land Acquisition Act (Montserrat) s22 to a person whose land had been compulsorily purchased and who had incurred costs in making representations as to the amount of compensation to be received. Appeal by B against a decision of the CA of Montserrat concerning compulsory purchase of two areas of land belonging to him. "Held": appeal allowed in part. When the Montserrat Board of Assessment was considering awarding compulsory purchase costs it should have taken into account the principles expressed in "Purfleet Farms Ltd v SoS for Transport, Local Government and the Regions" ([2002] EWCA Civ 1430, Abs 66039) which stated that a claimant should prima facie be entitled to his full costs of preparing and presenting his claim for compensation. The Board should exercise its discretion judicially to reduce the award of costs as provided by s22 of the Act.