Pointe Gourde principle applied with vigour
A claim for compulsory purchase compensation is frequently contested on the ground (based upon the celebrated Pointe Gourde case) that part of the alleged value is entirely due to the “scheme” underlying the acquisition. The decision of the Court of Appeal in Waters v Welsh Development Agency [2002] EWCA Civ 924; [2002] 2 EGLR 107, which rejected a suggested narrow definition of “scheme”, can be seen as a victory for acquiring authorities in general.
Related item:
Roberts v South Gloucestershire District Council [2002] EWCA Civ 1568; [2003] 18 EG 114
Pointe Gourde principle applied with vigour
A claim for compulsory purchase compensation is frequently contested on the ground (based upon the celebrated Pointe Gourde case) that part of the alleged value is entirely due to the “scheme” underlying the acquisition. The decision of the Court of Appeal in Waters v Welsh Development Agency [2002] EWCA Civ 924; [2002] 2 EGLR 107, which rejected a suggested narrow definition of “scheme”, can be seen as a victory for acquiring authorities in general.
Related item:
Roberts v South Gloucestershire District Council [2002] EWCA Civ 1568; [2003] 18 EG 114
