DATE: 01 Jan 2007
This was an appeal to the Court of Appeal from the Lands Tribunal arising out of an interim decision of the Lands Tribunal.
The case related to the grant by the Secretary of State of electricity wayleaves to allow the retention of electricity cables across the Claimants' Land. The Claimants sought to use the land as a waste transfer station and claimed that their business was delayed from starting as a result of the electricity cables and as a result claimed a disturbance payment for loss of profits of £3.8m.
The Court of Appeal reviewed the authorities relating to the ability to claim loss of profits in exceptional circumstances as a disturbance payment.
