Source: All England Reporter
Publisher Citation: [2001] All ER (D) 221 (Feb)
Court: Court of Appeal, Civil Division
Judge:

Chadwick and Hale LJJ

Representation The appellant appeared in person.
  Anthony Anderson QC and Michael Druce (instructed by Patricia Adley, Bedfordshire) for South Bedfordshire District Council.
Judgment Dates: 19 February 2001

Catchwords

Lands tribunal - Compensation - Award of interest - Local planning authority issuing discontinuance order in respect of use of premises as slaughterhouse - Lands Tribunal member not awarding interest on amount of compensation payable - Whether simple interest to be at statutory or commercial court rate.

The Case

On the facts of the instant appeal from the decision of the Lands Tribunal, simple interest was to be applied to compensation award under s170(2) of the Town and Country Planning Act 1971, on the commercial court basis from the date on which the damage had been suffered by the appellant, namely the date on which the discontinuance order had been confirmed.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.