Liam McCloskey v Department for Infrastructure

JurisdictionNorthern Ireland
JudgeMr Spence
Judgment Date10 October 2023
Neutral CitationR/6/2022
CourtLands 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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