O’Connor & others v. Wiltshire County Council  EWCA Civ 426
Successful appeal on behalf of the claimants of the Tribunal’s determination of a preliminary issue that related to section 19(3) of the 1973 Act, which had the effect of barring any claim to compensation which the claimants might otherwise have had. The Court of Appeal, overturning the Tribunal’s decision, found that the road was a highway, maintainable at the public expense (within the definition provided in section 36(2) of the highways Act 1980) and accordingly the claimants were not barred by section 19(3) to compensation in this case.
Johnston & Ors v. TAG Farnborough Airport Ltd  UKUT 534 (LC)
The Tribunal determined various preliminary issues during a four week long trial for two groups of claimants, all concerning the development of Farnborough Airport and the viability of claims made under Part 1 of the Land Compensation Act. Our solicitors acted for both groups of claimants, receiving instructions from the first group of claimants after their claims had already been referred to the Tribunal by their surveyors. The tribunal found for the first group of claimants in respect of all but one of the preliminary issues. Despite the timing of the claims having been based on information provided by the Airport, the Tribunal determined that the first group of claimants were time barred from advancing claims due to their claims having been made out of time. The Tribunal confirmed the viability of the claims of the second group of claimants, arising from later development at the airport, namely the West One Apron.
Goodman & Others v. Transport for London  UKUT 126 (LC)
Determination of several Part 1 Land Compensation Act claims, with all awarded compensation for the depreciation to property values as a result of the sue of the Coulsdon Relief Road. In its decision, the Tribunal also considered and ultimately accepted the claimants’ factual accounts of their experience of noise, over the technical noise data, finding there had been a significant change to the character of the noise which was not caught by the noise data.
Mann & Others v. Transport for London  EWCA Civ 1520
Appeal of the Tribunal’s cost decision to award the claimants their costs of their claims under Part 1 of the 1973 Act for compensation for depreciation in the value of their properties, resulting from the use of public works comprised in the Coulsdon Relief Road, on the standard basis (rather than indemnity basis) despite the levels of compensation awarded by the Tribunal exceeding earlier offers to settle.