Hampshire County Council pays Mrs Marion Feltham a six-figure sum in compensation

Hampshire County Council pays Mrs Marion Feltham a six-figure sum in compensation, together with her costs, to settle Upper Tribunal (Lands Chamber) 2021-593, a reference due to have been heard over three days in November 2022.

Clive Moys, instructed by Colin Passam of Burgate Litigation Services, advised and represented Mrs Feltham through-out. The case arose from highway works carried out at the Cupernham Junction with Winchester Hill, Romsey as part of the Abbotswood consortium’s development of 800 homes in Romsey.

Compensation was claimed for the diminution in the value of Mrs Feltham’s interest in land (two properties) caused by the use of the public works: being the difference between the “switched off” and “switched on” values as at the claim date (Land Compensation Act 1973), together with injurious affection arising from damage caused to one property in consequence of the manner of the execution of the highway works themselves (Compulsory Purchase Act 1965).

This was an unusual claim involving points of valuation practice not frequently litigated.