Upper Tribunal (Lands Chamber) decided council not ransomed by shooting rights

01 Jan 2018

Planning and Environment

Wednesday 3rd December 2014 saw the Upper Tribunal (Lands Chamber) decide that the Acquiring Authority should not pay a ransom value for the shooting rights at a site they acquired for a replacement cattle market in Monmouthshire, Wales.

The Claimant was claiming over £5.6m as the open market value of the rights. Their intrinsic value was approximately £1,000.

The Deputy President Martin Rodger QC and Mr McCrea FRICS decided in favour of Richard Ground’s clients Monmouthshire County Council that any significant increase in the value of the rights above their intrinsic value as shooting rights should be disregarded because they were attributable solely to the Council’s scheme.

Richard Ground had also acted in two judicial review challenges relating to this scheme and a further withdrawn judicial review challenge.

Richard Ground appeared together with Michael Humphries QC in the Upper Tribunal instructed by Eversheds. Click here for judgment.