PART 3

DEALING WITH TIP INSTABILITY AND THREATS TO TIP STABILITY
CHAPTER 3

PAYMENTS IN CONNECTION WITH OPERATIONS

Right of contributory to appeal against owner’s demand
52
1
A contributory who is given a demand under section 51(4) may apply to the court for an order varying the demand.
2
An application under this section must be made within 6 weeks beginning with the day on which the demand is given to the contributory.
3
An application under this section may be made on one or more of the following grounds—
a
that the amount of the expenses incurred by the owner of the land in carrying out the operations was greater than was reasonable;
b
that the amount of the expenses incurred by the owner of the land in carrying out works of reinstatement was greater than was reasonably necessary to reinstate the land in consequence of the operations;
c
that the amount of compensation paid or payable to a person in pursuance of a claim under section 50 is greater than it would otherwise have been, because the owner of the land has taken an unreasonably long time to carry out the operations or consequential works of reinstatement;
d
that the amount of the compensation paid or payable to a person in pursuance of a claim under section 50 is greater than is necessary to compensate the person under that section;
e
that the amount specified in the demand as being the amount referred to in section 51(3)(c) is greater than the compensation that could have been claimed by the owner of the land in the circumstances described in that paragraph;
f
that the amount claimed in the demand is greater than the specified percentage of the total amount determined under section 51(3).
4
If the court is satisfied that the ground (or any of the grounds) of the application is made out, the court may make an order reducing the amount recoverable by the owner of the land from the contributory.
S. 52 not in force at Royal Assent, see s. 92(3)