The Law Reports (Queen's Bench Division)
[1957] 1 QB 294
[COURT OF APPEAL]
PADDINGTON BOROUGH COUNCIL
v.
WAR DAMAGE COMMISSION.
ASSOCIATED LONDON PROPERTIES LTD.
v.
PADDINGTON BOROUGH COUNCIL.
1956 Oct. 23,
24,
25,
26,
29.
Lord Evershed M.R., Birkett and Romer L.JJ.
Compulsory Purchase
— Compensation
— War-damaged property
— Total destruction of premises
— Determination to make cost of works payment
— Notional reinstatement
— Assessment of compensation “If the damage had been made good”
— Meaning
—
Town and Country Planning Act, 1947 (10 & 11 Geo. 6, c. 51), s. 53.
War Damage
— Cost of works payment
— Total loss
— Discretion to make cost of works payment exercised
— Decision communicated to landowner
— Damage not made good
— Compulsory purchase
— Whether decision binding
—
War Damage Act, 1943 (6 & 7 Geo. 6, c. 21), ss. 8, 20 (1).