000 02248cab a22002295a 4500
001 L138709
008 070704s2007 xxk f w 000 0 eng d
035 _a(Sirsi) u138709
041 0 _aeng
245 0 0 _aSusan Crowley and Ian Ronald George Jarvis V Liverpool PSDA and Liverpool CC
_h[electronic resource]
520 _a[2007] EWLands ACQ_47_2005, 14 February 2007. The claimant Crowley (C) ran a business from a premises in Liverpool which supplied, administered and maintained outlets in Liverpool, Birkenhead and Market Deeping. The central office premises were subject to a Compulsory Purchase Order by Liverpool PSDA (L). C claimed to have made reasonable efforts to acquire a suitable replacement property, but none were available of suitable design and location to continue maintaining all three outlets. As a result the branches in Liverpool and Birkenhead were closed, and C claimed compensation from L. Claims were made for disturbance and relocation costs; loss of business value; and post possession losses. L claimed that the clients were merely going through the motions and not committed to moving. "Held": L bore the burden of showing that, on balance of probabilities, C had failed to take sufficient steps to mitigate their losses. On-site storage facilities represented a significant economy over external warehouse storage. It was considered that none of the offered properties offered sufficient space and advantageous location, due in part to the same city centre redevelopment which had necessitated the Compulsory Purchase Order. C's claim for losses was reasonable, subject to appropriate multiplier calculations. Judgment accordingly.
590 _aKA
650 2 4 _aCROWLEY AND ANOTHER V LIVERPOOL PSDA AND ANOTHER
650 2 4 _aTOWN AND COUNTRY PLANNING (USE CLASSES) ORDER 1987
650 2 4 _aKWIK SAVE STORES LTD V STOCKTON ON TEES BC
650 2 4 _aLANDS TRIBUNAL ACT 1949
650 2 4 _aCOMPENSATION ACT 1965 S1
651 4 _aEngland and Wales
_y1543-
690 _aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-COMPULSORY PURCHASE AND COMPENSATION
856 4 0 _uhttps://www.bailii.org/ew/cases/EWLands/2007/ACQ_47_2005.html
_zView the article free of charge at www.bailii.org...
942 _n0
999 _c78966
_d78966