UK case law
Charles James Braithwaite v London Borough of Enfield Council
[2020] UKUT LC 137 · Upper Tribunal (Lands Chamber) · 2020
The verbatim text of this UK judgment. Sourced directly from The National Archives Find Case Law. Not an AI summary, not a paraphrase — every word below is the original ruling, under Crown copyright and the Open Government Licence v3.0.
Full judgment
39. I determine that the compensation payable to the claimant is as follows: Market value of property less outstanding debt Estimated sale proceeds without special conditions £600,000.00 Less mortgage balance paid to GE Money £538.67 £599,461.33 Basic loss payment 7.5% of £600,000.00 £45,000.00 Disturbance compensation Cost of fuel for estimated four journeys prior to vesting date £185.04 TOTAL COMPENSATIION: £644,646.37
40. Interest is due to the claimant on the total compensation sum, for the period from the vesting date, at the statutory rate. Costs
41. This reference was heard under the Tribunal’s written representations procedure which is not a procedure under which costs are normally awarded. I am minded to require the acquiring authority to reimburse the Tribunal fee to the claimant but otherwise to make no order in relation to costs. If either party wishes to propose a different order they should do so within 21 days. Mrs Diane Martin MRICS FAAV 1 May 2020 Addendum on Costs
42. My decision dated 1 May 2020 was sent to the parties by the Tribunal office on 6 May 2020 inviting them to make any applications they may wish to make on the question of costs.
43. In my decision, at paragraph 41, I indicated that I was minded to make a costs order (under rule 10(14) of the Upper Tribunal (Lands Chamber) Rules 2010) requiring the acquiring authority to pay the Tribunal’s fee for determining the reference. Neither party has made an application and nor have they proposed an alternative to what I had indicated I was minded to do.
44. In the circumstances I now order pursuant to rule 10(14) and make a direction pursuant to Rule 5(2) of the Upper Tribunal (Lands Chamber) (Fees) Order 2009 that the acquiring authority shall pay to the Tribunal the Tribunal’s determination fee of £12,892.92 within 28 days of his order. I further order that the acquiring authority shall reimburse to the claimant the Tribunal’s application fee of £275. Mrs Diane Martin MRICS FAAV 3 June 2020