Road development & expansion claims

Part 1 of the Land Compensation Act 1973 provides that compensation can be claimed by residents who own and also occupy property that has been reduced in value by physical factors such as noise, vibration, smell, fumes, smoke and artificial lighting caused by road development and expansions.

Land Compensation Act Part 1 claims are brought against the appropriate highway authority, usually the Local Authority or Highways Department, known as the ‘Responsible Authority’.

Hugh James environmental law solicitors have over 16 years experience dealing with Part 1 claims and we have represented hundreds of residents in the UK whose property values have been reduced because of road developments and expansions. Our environmental lawyers handle a variety of claims from modest terrace houses to large family estates.

If you require more information or advice, and believe you may have a claim please contact us.

 

How will the compensation be assessed?

Compensation for a claim under the Land Compensation Act is assessed in relation to the property value and the loss and disruption caused by the physical factors listed above. Compensation is assessed at a certain ‘snap shot’ in time, one year after completion and first use of the new or altered public works.

 

Do I need to instruct a Land Compensation Act solicitor?

Disputes concerning Part I of the act claims are determined by the Upper Tribunal (Lands Chamber) which is a Court of Law. There are strict statutory provisions that apply to claims under the Act which if not complied with can prevent you pursuing a claim. We, therefore, strongly recommend that solicitors are appointed and legal advice sought from the outset of a claim being notified to a responsible authority.

If you are affected by a scheme of public works and you would like more information in relation to pursuing a claim under Part 1 of the Land Compensation Act please contact us by completing our enquiry form.

 

How can I fund a claim?

At Hugh James solicitors we appreciate that it is often difficult to fund legal actions and so when possible and appropriate our environmental law solicitors are able to offer free initial specialist environmental law advice about starting a legal challenge.

Our skilled and experienced environmental law solicitors have handled many thousands of claims under the Land Compensation Act 1973 and we can arrange to deal with suitable claims on a no win, no fee basis.

Key contact

Neil is an elected partner on the firm’s board of management. He and his dedicated team of specialist lawyers act on behalf of individuals across the UK in relation to group action cases across a number of sectors including; environmental nuisance and toxic tort cases, claims for property blight and interference relating to highway and airport developments, claims for industrial illness and disease cases including asbestos related illnesses as well as product liability, major accident and disaster cases.

View team

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Gwen Evans specialises in acting for claimants in group actions relating to environmental pollution. She recently represented a community in a nuisance claim due to dust fallout from a steel plant. One market source said: ‘She gets through a lot of detail very quickly and is unflappable.’

Chambers and Partners UK

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I and 130 of my neighbours have had cause to engage ‘Hugh James’ to deal with a current problem that is ongoing at the moment and have found their professionalism and assistance in all matters so far to be of a very high standard. They seem to be tenacious, approachable and responsive to any concerns I have had throughout and for such a service I would not hesitate to recommend them to anyone whom may find that they have to embark on a similar path.

Anonymous client

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Hugh James recently successfully represented local residents in a difficult and major claim against a landfill operator. Throughout the case, we were extremely impressed by the way in which the case was presented and handled. The solicitor acting on our behalf fully explained our position, opportunities, and strategies, at all times displaying professionalism of the highest order. The pleasant, courteous and patient manner in which everything was fully and effectively explained contributed greatly to success in winning the difficult and complicated case.

Anonymous client

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I wanted to thank you and your team for the way in which you have handled the case. Right from the earliest meetings and the regular updates, things were laid out clearly and emotive issues handled with sensitivity. It’s also clear that you were successful in the negotiations delivering a result that would not have been possible without you. Thanks again for all your work.

Manchester Airport claimant.

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“.. What you have achieved for us is worth more than cash alone. We have been let down by the regulators time and again and Hugh James is the only organisation which has achieved anything for us long-suffering residents. I want to thank you for what you have achieved.”

Mr B – South Yorkshire

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So far, I have found Hugh James to be very open and honest in their dealings. They are very good at keeping us informed of what is happening, and they always ask before carrying out any actions on our behalf. Based on my experience so far, I would have no hesitation in recommending them to help in any action you are considering or pursuing.

Mr Paris

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I would just like to thank your company for the efficient way you have handled this matter / you have kept me regularly informed by the way of letters explaining all procedures and possible outcomes in relation to the investigation.

Mr Tarvin (Hampshire)

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I have to admit that I was very skeptical at first, as it did not seem possible that I would not be considerably out of pocket should we have lost the case at court. However you were able to put my mind at rest. With the success of the claim, I feel this has completely justified our efforts in complaining to the defendant and recording the times etc of the worst incidents. The smell really was nasty at times, which most importantly has now ceased.

Mr Tarvin (Hampshire)

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The reason I joined and contributed to this group claim, was to bring an improvement to my own, and neighbour's environmental living conditions. This has largely been met. Without your involvement, Cannock Council would not have felt it necessary to become involved and we would still be in the same position as we have been for the past forty years. For this, I thank you and Hugh James. Our whole community will reap the benefit of this for years to come.

Mr Woodman (Norton Aluminium Group Litigation)

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The “unstoppable” Neil Stockdale is head of the environment team at the firm. He maintains his position as a market leader on group actions for claimants affected by pollution and blight including odour or noise. Interviewees say he is ‘highly experienced,’ ‘very focused’ and ‘very approachable.’

Chambers and Partners UK

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