000 01620cad a22001935a 4500
001 L138123
008 070517s2007 xxk f w 000 0 eng d
035 _a(Sirsi) u138125
041 0 _aeng
245 0 0 _aTerence Welford (1) Colin Phillips (2) IOD Skip Hire Limited V EDF Energy Networks (LPN) PLC
_h[electronic resource]
260 _c2007
520 _a[2007] EWCA Civ 293, 3 April 2007. Considers whether a claim for loss of business profits can be made if the business had not yet begun trading. E submitted that as operations had not yet begun, the claim to loss of earnings was too remote in law. W had purchased land for use by their business. After obtaining planning permission they had begun development and started preparatory work. They were then made aware of the presence of electricity cables beneath it and requested their removal by the appellant. E obtained a wayleave for their retention. The effect of this was to limit construction work and therefore the development of the business. "Held": It was found that the respondents? business, by making investment of the land to make it fit for purpose and by using it for part of its purpose, had invested value in the land. Therefore its disturbance was sufficient to warrant a claim for loss of earnings. The appeal was dismissed.
590 _aKA
650 2 4 _aWELFORD V EDF ENERGY NETWORKS PLC
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-PROPERTY MANAGEMENT-EASEMENTS-WAYLEAVES
856 4 0 _zhttp://www.landstribunal.gov.uk/aspx/view.aspx?id=293
_zView the article free of charge at www.landstribunal.gov.uk...
942 _n0
999 _c78795
_d78795