header-logo header-logo

Electricity

14 March 2014
Issue: 7598 / Categories: Case law , Law digest , In Court
printer mail-detail

National Grid Electricity Transmission Plc v Arnold White Estates Ltd [2014] EWCA Civ 216, [2014] All ER (D) 16 (Mar)

The right to compensation under para 7(1) of Sch 4 to the Act was conferred in general language. The only limitation which might be said to flow from the language used was that the loss for which compensation was claimed had to be loss suffered by the claimant in his capacity as owner or occupier of the land, rather than in some wholly unrelated capacity. The established authorities had repeatedly emphasised that it was by reference to the value to the owner of the land being acquired that compensation was quantified, rather than its objective market value. That principle was fully applicable to the grant of wayleaves. In the instant case, the loss of a contractual right to proceeds of the sale of the land under a conditional contract, where the contract had fallen away because of the grant of the wayleave, had been fairly and squarely a loss suffered by the respondent in its capacity as owner

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll