Upper Tribunal Judgment in Cemex UK Operations Limited v Secretary of State for Transport

25 November, 2025

The Upper Tribunal has handed down its final decision in Cemex UK Operations Limited v Secretary of State for Transport. The reference concerned the compensation payable for the compulsory acquisition in 2020 of a site at Washwood Heath, Birmingham which accommodated the Claimant's railway sleeper, aggregates and asphalt businesses in order to to facilitate the construction of HS2. 

Upper Tribunal Judgment in Cemex UK Operations Limited v Secretary of State for Transport

25 November, 2025

The Upper Tribunal has handed down its final decision in Cemex UK Operations Limited v Secretary of State for Transport. The reference concerned the compensation payable for the compulsory acquisition in 2020 of a site at Washwood Heath, Birmingham which accommodated the Claimant's railway sleeper, aggregates and asphalt businesses in order to to facilitate the construction of HS2. 

The parties had agreed losses arising from the effect of the site's acquisition on the Claimant's aggregates and asphalt businesses at a sum in excess of £28m.

The Tribunal handed down an interim decision in May 2025 in which it determined factual and other inputs to the assessment of the  losses arising from the acqusition of the land on the railway sleeper manufacturing business.

The Tribunal has now, in the final decision, determined the compensation payable to Cemex in this respect in the sum of £29.9m plus statutory interest. 

A copy of the Tribunal's interim decision can be found here, and a copy of the Tribunal's final decision here.

Michael Humphries KC, Rebecca Clutten and Daisy Noble acted for the Claimant, Cemex UK, instructed by BCLP.

Richard Glover KC, Cain Ormondroyd and Brendan Brett acted for the Secretary of State for Transport, instructed by DLA Piper