Myers v Milton Keynes Development Corporation
| Jurisdiction | England & Wales |
| Judge | THE MASTER OF THE ROLLS |
| Judgment Date | 03 May 1974 |
| Judgment citation (vLex) | [1974] EWCA Civ J0503-2 |
| Court | Court of Appeal (Civil Division) |
| Date | 03 May 1974 |
[1974] EWCA Civ J0503-2
In The Supreme Court of Judicature
Court of Appeal
Revised
The Master of the Rolls
(Lord Denning),
Lord Justice Buckley and
Lord Justice Roskill.
Appeal of Mr. Bernard Myers from decision of the Lands Tribunal on 4th December, 1972.
Mr. GEORGE DOBRY, Q C, and Mr. MICHAEL BARNES (instructed by Messrs. Stones Porter & Co.) appeared on behalf of the Appellant.
Mr. ALAN dePIRO, Q.C., and Mr. CRAWF RD LINDSAY (Instructed by Messrs. Frere Cholmeley & Co.) appeared on behalf of the Respondent Corporation.
I think I should say first a few words so as to get it clear on the detail.
We gave judgment in this case on 8th March 1974. The parties went before the Lands Tribunal on 26th March 1974 asking for directions as to how the Inquiry should proceed. At first the Member of the Lands Tribunal thought that there was no need for further Evidence or argument but that he could make an award for the higher alternative award. After some discussion he was ready to allow Mr. Caws, the owner's valuer, to be cross-examined on the "assumptions" mentioned at the end of our Judgment. Mr. Dobry, Q.C. submitted that those "assumptions" were exhaustive and that no other matters were to be inquired into. The Member accepted that submission. He gave directions limiting the Inquiry accordingly.
I am sorry to find that our Judgment has given rise to such misunderstanding. We cannot have expressed ourselves as dearly as we should. We did not intend that the "assumptions" were to be exhaustive. They were only illustrations of some of the ways in which the higher alternative award might have been erroneous. If I remember rightly, the Member found that, if there had been no scheme, this land would probably have remained open countryside. So far from endorsing that higher alternative award, we contemplated that the Member of the Lands tribunal might find that his original award was correct, or that he might find a figure in between. We felt that the Member had misdirected himself in principle on the main issue in the case and that it was necessary for him to consider it afresh in the light of the principles which we had stated. We stated the correct principle in the transcript before us on page 13 between C and E. Both parties have today before us accepted that the Member should direct himself...
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Roberts and another and South GLOUCESTERSHIRE Council [CA (Civil), 07/11/2002]
...relation of the planning assumption in section 15 and the Pointe Gourde principle was discussed by the Court of Appeal in Myers v Milton Keynes Development Corporation [1974] 1WLR 696. That case concerned the acquisition of agricultural land required as part of the development of the Milton......
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Transport for London v. Spirerose Ltd., [2009] N.R. Uned. 206 (HL)
...[2004] I W.L.R. 1304, para. 148, disapproving what was said by Lord Denning, M.R., in Myers v. Milton Keynes Development Corporation [1974] 1 W.L.R. 696, 704. [56] Quite apart from this, I do not consider that it is right to invoke the Pointe Gourde principle, or any other principle develop......
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Transport for London v Spirerose Ltd ((in Administration))
...being “a principle of valuation and not planning status”. This argument was based on some comments of Lord Denning MR in Myers v Milton Keynes Development Corpn [1974] 1 WLR 696, and of Carnwath LJ in Roberts v South Gloucestershire Council [2003] RVR 43. He was right in our view not to pur......
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Transport for London v Spirerose Ltd ((in Administration))
...in Waters v Welsh Development Authority [2004] I WLR 1304, para 148, disapproving what was said by Lord Denning MR in Myers v Milton Keynes Development Corporation [1974] 1 WLR 696, 704. 56 Quite apart from this, I do not consider that it is right to invoke the Pointe Gourde principle, or a......
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Compulsory purchase and compensation update – 2015
...over a period ofdecades, if there had never been a scheme? In the words of Lord Denning in Myersv. Milton Keynes Development Corporation (1974) 1 WLR 696 the valuer must “let hisimagination take flight to the clouds. He must conjure up a land of make-believe”.In the view of the acquiring au......