Cronin v De Hamel [2017] EWHC 454 (Ch)

WTLR Issue: Summer 2017 #168

1.NEIL JOSEPH CRONIN

2.GARY ALAN TAYLOR

V

1.WILLIAM DE HAMEL

2.MARTIN ASPINALL

3.RICHARD ASPINALL

4.ROBIN ASPINALL

Analysis

The Brindle Estate near Chorley belonged to Patience Aspinall, who died in 1985. The Estate passed to her sister Honour Ruth (‘Miss Aspinall’) as her executor and sole beneficiary. In the early 1990s, the Brindle Estate was subject to compulsory purchase for the construction of the M65 motorway over the northern part. By February 1994, the Department of Transfer had entered upon the land for the purpose of commencing construction. Miss Aspinall received interim payments on account of the compensation payable to her arising from construction of the M65, in particular, £46,727 in October 1994, and a second payment of £43,016 on 25 October 1997. The motorway was completed and opened to traffic in 1997.

Counsel details

Glenn Campbell (Deans Court Chambers, 24 St John Street, Manchester M3 4DF, 0161 214 6000, e-mail campbell@deanscourt.co.uk), instructed by Southerns, for the claimants.

Christopher McNall (18 St John Street, Manchester M3 4EA, tel 0161 278 1800, e-mail clerks@18sjs.com), instructed by Steele & Son, for the first defendant.

Bruce Walker, instructed by Napthens, for the Second, Third and Fourth Defendants.

Cases referenced

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