000			01954cad a22002055a 4500
001			L142030
008			080122e20071107xxk f v 000 0 eng d
035			_a(Sirsi) u142030
041	0		_aeng
245	0	0	_aWinter and another v Traditional and Contemporary Contracts Limited _h[electronic resource]
260			_c2007
520			_a[2007] EWCA Civ 1088. Considers whether a Lands Tribunal decision that its compensation for modifying a restrictive covenant should be made against the development value of a site had uncovered an error in law. The appellant freeholder (W) owned a house next to a site which the respondent (T) had developed. T modified a restrictive covenant in order to build two houses on this site. W then became aware of the covenant. W was awarded a sum which T should pay in the continued absence of foundation strengthening work. W argued that this was inadequate as it should have been assessed by reference to the additional development value; that T had deprived W of the opportunity to influence this development; that T should have strengthened the site previously; and that too much emphasis was put on the opportunity for alternative development. "Held": The negotiated share approach was well recognised in law. The Tribunal could be criticised for accepting this without further argument, but its conclusion was sound. The circumstances were not sufficiently different for the precedent to be undermined. W's late acceptance of the need for strengthening was unsatisfactory but did not reveal an error in law.
590			_aKA
650	2	4	_aWROTHAM PARK ESTATE CO LTD V TRADITIONAL AND CONTEMPORARY CONTRACTS LTD
650	2	4	_aSJC CONSTRUCTION CO LTD AND STOCKPORT MBC V ALWIYAH DEVELOPMENTS
651		4	_aEngland and Wales _y1543-
690			_aPROPERTY-PROPERTY DEVELOPMENT
856	4	0	_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2007/1088.html _zView the judgment free of charge at www.bailii.org...
942			_n0
999			_c79707 _d79707