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Liability Risk and Insurance

Remedial work required if no depreciation payment

In a case over damage to property from a landslide caused by mining subsidence, the Court of Appeal found that the Coal Authority was required to carry out remedial work where it had not chosen to make payments equal to the amount of depreciation in the value of the damaged property. The court said that the duty to carry out the work was not affected by the amount of costs involved if it had elected to make payments. The court found that there was nothing in the Coal Mining Subsidence Act 1991 that suggested that there should be a limit on the duty to repair in relation to the decrease in value of the damaged property.

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