Liam McCloskey v Department for Infrastructure
Jurisdiction | Northern Ireland |
Judge | Mr Spence |
Judgment Date | 10 October 2023 |
Neutral Citation | R/6/2022 |
Court | Lands Tribunal (Northern Ireland) |
LANDS TRIBUNAL FOR NORTHERN IRELAND
LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964
LANDS TRIBUNAL RULES (NORTHERN IRELAND) ORDER 1976
LAND COMPENSATION (NORTHERN IRELAND) ORDER 1982
IN THE MATTER OF A PRELIMINARY POINT OF LAW
R/6/2022
BETWEEN
LIAM McCLOSKEY – APPLICANT
AND
THE DEPARTMENT FOR INFRASTRUCTURE - RESPONDENT
Re: Right of Way at Ballyhanedin Road, Claudy
Lands Tribunal for Northern Ireland – Henry Spence MRICS Dip.Rating IRRV (Hons)
Background
1. This preliminary application made by the Department for Infrastructure (“the respondent”)
arises out of a claim for compensation by Mr Liam McCloskey (“the applicant”) under the Local
Government Act (Northern Ireland) 1972 and the Roads (Northern Ireland) Order 1993.
2. The applicant has submitted a claim for compensation to the Lands Tribunal for the loss of a
right of way at Ballyhanedin Road, Claudy (“the reference property”) which has been vested
by the respondent under a Vesting Order made on 8th August 2018.
3. Following a series of mentions before the Tribunal the respondent has made a preliminary
application requesting that the reference be struck out. This is the preliminary issue to be
decided by the Tribunal.
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