Claiming compensation under section 10(1) of the Local Land Charges Act 1975
The general principles governing the assessment of damages in tort actions have been held to be applicable to a property buyer’s claim for loss attributable to a misleading search certificate.
Importantly, this can affect the date by reference to which the compensation has to be assessed: see the decision of the Court of Appeal in Smith and another v South Gloucester Council [2002] 32 EG 89 (CS), where the market had risen strongly over the relevant period. Applying a combination of the remoteness and mitigation rules, the court accepted the (later) date argued for by a buyer who was able to show that he could not afford to buy a suitable alternative property before that date.
Claiming compensation under section 10(1) of the Local Land Charges Act 1975
The general principles governing the assessment of damages in tort actions have been held to be applicable to a property buyer’s claim for loss attributable to a misleading search certificate.
Importantly, this can affect the date by reference to which the compensation has to be assessed: see the decision of the Court of Appeal in Smith and another v South Gloucester Council [2002] 32 EG 89 (CS), where the market had risen strongly over the relevant period. Applying a combination of the remoteness and mitigation rules, the court accepted the (later) date argued for by a buyer who was able to show that he could not afford to buy a suitable alternative property before that date.
