Coal-Mining (Subsidence) Act 1957

6 Avoidance of double remedies

(1) A person entitled to serve a damage notice in respect of subsidence damage to any property shall not be entitled to proceed at the same time in respect of the same damage to that property with both—

(a) a claim against the Board by virtue of subsections (2) to (5) of section one of this Act; and

(b) a claim against the Board or a licensee of the Board for damages or compensation under a liability arising apart from this Act,

but subject to the next following subsection may elect which of those claims he will proceed with for the time being.

(2) Where any person proceeds with a claim such as is mentioned in paragraph (a) or, as the case may be, paragraph (b) of the foregoing subsection, then unless—

(a) it is determined, whether by agreement or otherwise, that he is entitled to none of the relief claimed ; or

(b) the claim is withdrawn before it is determined,

he shall not be entitled to proceed thereafter with a claim such as is mentioned in the other of the said paragraphs of that subsection.

(3) Regulations for the purposes of subsection (1) of section two of this Act shall secure that where any person proceeds with a claim such as is mentioned in paragraph (b) of subsection (1) of this section and that claim was made before the expiration of the time otherwise prescribed for the service of a damage notice in respect of the same damage, the time within which a damage notice must be served by that person in respect of that damage shall not commence to run until that claim is either determined or withdrawn before determination.

(4) In the case of any local authority or statutory undertakers, the provisions of this Act and of any other enactment making provision with respect to rights and liabilities between the Board and the authority or undertakers in respect of the working of minerals under or adjacent to, or the leaving of minerals unworked for the support of, any property shall have effect subject to the terms of any agreement with respect to such rights and liabilities entered into between the Board and the authority or undertakers and for the time being subsisting:

Provided that this subsection shall not apply to an agreement made in connection with a disposition of an interest in land or to such an agreement as is mentioned in paragraph (a) of subsection (2) of the next following section made solely with respect to payments relieving the Board of liability for damage.