Samuel Townend succeeds in the first litigated claim for compensation under Section 106 of the Building Act 1984.
Date: 12th April 2013
has succeeded in the first litigated claim for compensation under Section 106 of the Building Act 1984. Representing Manolete Partners PLC against leading and junior counsel for Hastings Borough Council in relation to the Council’s exercise of ‘emergency’ powers shutting off public access to Hastings Pier, Samuel succeeded in obtaining a declaration of the Council’s liability to pay to Manolete full compensation for all losses suffered in relation to Manolete’s assigned claim in respect of losses suffered by a Bingo Hall and Amusement Arcade in the summer of 2006.
The decision of Mr Justice Ramsey is also interesting because it establishes that a claimant does not need an independent cause of action in order to succeed in claiming compensation under s. 106 of the Building Act 1984. It is of general importance because it deals with the meaning of “in default” in the Building Act 1984 and in statute more generally.
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