Newcastle City Council, represented by Vincent Fraser QC has obtained an award of indemnity costs following its success in the assessment of compensation claim arising out of the compulsory purchase of property in Newcastle city centre in 2004. The Upper Tribunal determined that the council should receive all of its costs from the claimants on an indemnity basis from the 1st January 2006 (almost 4 years prior to the reference to the Tribunal). The Tribunal concluded that the council was entitled to its costs pursuant to section 4(1)(b) of the Land Compensation Act 1961 as the claimants had failed to deliver details of their claim in a timely manner. Having reviewed the relevant provisions and authorities the Tribunal further determined that those costs should be awarded on an indemnity basis. The Tribunal concluded that the circumstances of the case took it out of the norm in a way which justified indemnity costs as the claimants conduct was manifestly and consistently unreasonable both before and during the proceedings and the claims were exaggerated.
For further details about the judgement click here.
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