Rob Anderson KC (with JS Brien) represented the respondent, instructed by Ashurst.
The proceeding concerned a right to compensation for the resumption of land. The applicant had subsequently acquired the subject land and sought a declaration that, by operation of a Deed of Assignment, it had, or could exercise, the right to compensation. The respondent accepted that the right to compensation could be assigned but argued the claimant, for the purposes of valuing the right, is the original owner, not the applicant.
President Stilgoe held the claim for compensation must be based on an interest in land that existed at the time of the resumption, even though it may be exercised by a third party. Therefore, the applicant did not have a right to compensation but could exercise the right the original owner held at the date of resumption.
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