The Land Compensation (Additional Compensation) (England) Regulations 2024
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Change 1
12 Qualifying losses
(1) A claim for additional compensation may include an amount in respect of qualifying losses provided that— (a) those losses were reasonably foreseeable at the time the original compulsory purchase order was confirmed, (b) the claimant has taken all reasonable steps to mitigate those losses, applying the same rule concerning the duty of a person to mitigate loss as applies to damages recoverable under the common law of England and Wales, and (c) those losses do not include sums claimed by the claimant under other heads of claim so as to amount to double recovery by the claimant, such as in respect of costs or interest. (2) Where the original amount included a sum in respect of compensation under section 5(6) of the Act for disturbance or any other matter not directly based on the value of land, that sum is to be deducted from the additional compensation payable if it would not have been paid had the original compensation amount been assessed without the application of section 14A of the Act.
12 Qualifying losses
(1) A claim for additional compensation may include an amount in respect of qualifying losses provided that— (a) those losses were reasonably foreseeable at the time the original compulsory purchase order was confirmed, (b) the claimant has taken all reasonable steps to mitigate those losses, applying the same rule concerning the duty of a person to mitigate loss as applies to damages recoverable under the common law of England and Wales, and (c) those losses do not include sums claimed by the claimant under other heads of claim so as to amount to double recovery by the claimant, such as in respect of costs or interest. (2) Where the original amount included a sum in respect of compensation under section 5(6) of the Act for disturbance or any other matter not directly based on the value of land, that sum is to be deducted from the additional compensation payable if it would not have been paid had the original compensation amount been assessed without the application of section 14A of the Act.
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