ABSTRACT

This chapter examines in more detail the meaning and effect of the statutory definition of consideration. There are compensation provisions in paragraph 84 of the New Code, where a court orders the payment of compensation for loss or damage, and in paragraph 85 of the New Code for the payment of compensation for injurious affection to any neighbouring land where a right conferred on an operator is exercised. The separate claim for compensation, for loss or damage sustained by the exercise of code rights, includes a claim for the diminution in value of the land of the relevant person. New Code paragraphs 25 and 84 invoke principles that would otherwise have application to a claim for disturbance and other losses, in connection with the exercise of powers of compulsory acquisition of land, and rights in land, under rule (6) of section 5 of the Land Compensation Act 1961.