Subject to two exceptions, the compensation provisions of the Opencast Coal Act 1958 do not have effect in relation to limited compulsory rights orders1. These exceptions are: (1) that in so far as the operation of such an order extends to an easement or similar right2 in respect of the whole or part of the land3 comprised in the order, or to a right restrictive of the use of the whole or part of that land, the provisions of the Opencast Coal Act 1958 with regard to compensation for easements or similar rights4 have effect with respect to that
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This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
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