Moto Hospitality Ltd v Highways Agency, Court of Appeal - Lands Tribunal, July 28, 2006, [2006] EWLands LCA_122_2005

Reporting Judge: [2006] EWLands LCA_122_2005

President: Moto Hospitality Ltd v Highways Agency

Linked as:

Extract

Moto Hospitality Ltd v Highways Agency, Court of Appeal - Lands Tribunal, July 28, 2006, [2006] EWLands LCA_122_2005

Moto Hospitality Ltd v Highways Agency [2006] EWLands LCA_122_2005 (28 July 2006) LCA/122/2005

LANDS TRIBUNAL ACT 1949

COMPENSATION - injurious affection - Compulsory Purchase Act 1965 s 10 - preliminary issue - motorway service area - junction alterations affecting trade - whether damage suffered as result of ``works'' - whether particular damage suffered - held claim for compensation may lie

IN THE MATTER OF A NOTICE OF REFERENCE

BETWEEN MOTO HOSPITALITY LIMITED Claimant

and

HIGHWAYS AGENCY Compensating

Authority

Re: Cherwell Valley Motorway Service Area,

Land contained in Title ON168729 located

adjacent to Junction 10 of the M40 motorway.

Before: The President

Sitting at Procession House, 110 New Bridge Street, London EC4V 6JL

On 1, 2, 3 March; 21 April 2006

Craig Howell Williams and Richard Honey instructed by DLA Piper Rudnick Gray Cary UK LLP, solicitors of Birmingham, for the claimant.

David Holgate QC, Tim Mould and Zoë Leventhal instructed by the Treasury Solicitor for the compensating authority.

The following cases are referred to in this decision:

Wildtree Hotels Ltd v Harrow London Borough Council [2001] 2 AC 1

Metropolitan Board of Works v McCarthy (1874) LR 7 HL 243

Wagstaff v Department of the Environment, Transport and the Regions [1999] 2 EGLR 108

Wakefield and District Light Railways co v Wakefield Corporation [1906] 2 KB 140

Rathbow v Bundock [1962] 2 QB 260

Allen v Gulf Oil Refining Ltd [1981] AC 1001

Jolliffe v Exeter Corporation [1967] 1 WLR 993

Argyle Motors (Birkenhead) Ltd v Birkenhead Corpn [1975] AC 99

Clift v Welsh Office [1998] 4 All ER 852

Westminster City Council v Ocean Leisure Ltd [2004] RVR 219

Benjamin v Storr (1874) LR 9 CP 400

Caledonian Railway Co v Walker's Trustees (1882) 7 App Cas 259

Beckett v Midland Railway Co (1867) LR 3 CP 82

Iveson v Moore (1699) 1 Ld Raym 486

Chamberlain v West End of London & Crystal Palace Railway Co (1862) 2 B & S 605

The following further cases were cited in argument:

Fritz v Hobson (1880) 14 Ch D 542

Lingke v Christchurch Corpn [1912] 3 KB 595

Blundy, Clark and Co Ltd v London and North Eastern Railway Co [1931] 2 KB 334

Jacob v London County Council [1950] AC 361

Flanagan v Stoke-on-Trent City Council [1982] JPL 520

Cambridge Water Co v Eastern Counties Leisure Plc [1994] 2 AC 264

Horn v Sunderland Corpn [1941] 2 KB 26

Kirby v Harrogate School Board [1896] 1 Ch 437

North Tyneside Metropolitan Borough Council v Allsop [1991] RVR 209; [1992] RVR 104

Vasilou v Secretary of State for Transport [1991] 2 All ER 77

R (Batchelor Enterprises Ltd) v Secretary of State for Environment, Transport and the Regions [2001] EWCA Civ 1293

DECISION ON A PRELIMINARY ISSUE

Introduction

1. The claimant in this reference has since 1994 been operating a motorway service area, the Cherwell Valley Motorway Service Area at junction 10 on the M40 in Oxfordshire, the Ardley interchange. It claims to have been adversely affected by junction alterations...

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