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035 _a(Sirsi) u8406
041 _aeng
245 _aBritish Coal Corporation v Ellistown Pipes Ltd (Hepworth Building Products)
350 _a0
490 _aRating & Valuation Reporter
_v34(4) RVR 81-96(16)
520 _aAppeal 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.
650 _aCOAL MINING (SUBSIDENCE) ACT 1957
650 _aCOMPENSATION
650 _aMINING SUBSIDENCE
650 _aSTATUTE OF LIMITATION
690 _aCOMPULSORY PURCHASE AND COMPENSATION-CASE LAW
690 _aMINING AND MINERALS-CASE LAW
942 _n0
948 _c04/03/1997
999 _c5175
_d5175