BP sought compensation after its land had been acquired compulsorily. The council said its claim was time barred. BP appealed from the Lands Tribunal, saying an agreement with the Authority had kept its claim alive.
Held: The fact of entry did not prevent purchase by agreement, which was usual. The agreement gave rise to a claim for consideration, and it was under that agreement that the authority had taken possession. Appeal allowed.
Judges:
Lord Justice Kennedy, Lord Justice Mummery And Lord Justice Carnwath
Citations:
[2003] EWCA Civ 798, Gazette 04-Sep-2003
Links:
Statutes:
Limitation Act 1980 9, Compulsory Purchase Act 1965 11
Jurisdiction:
England and Wales
Citing:
Cited – London Borough of Hillingdon v ARC Limited (No 2) CA 16-Jun-2000
The council entered upon land belonging to the company in accordance with the compulsory purchase procedures in 1982, but the company did not bring its claim for compensation until 1992. The council said the were out of time.
Held: Section 9 . .
Cited – West Midland Baptist (Trust) Association (Inc) v Birmingham Corporation HL 1970
The mere fact that an enactment shows that Parliament must have thought that the law was one thing, does not preclude the courts from deciding that the law was in fact something different. The position would be different if the provisions of the . .
Cited – Capital Investments Ltd v Wednesfield Urban District Council ChD 12-Feb-1964
The council set out to acquire two plots of land for development for housing. After the process had begun, it was decided that some of the land should be uised for educational purposes. A Land Charge had been served but the matter not completed. A . .
Cited – Amantilla Ltd v Telefusion plc 1987
The case concerned a quantum meruit claim under a building contract. Even though the basis of the claim lies in statute, nonetheless an agreement must be treated as an ‘acknowledgment’ of a ‘liquidated pecuniary claim’ for the purpose of the . .
Lists of cited by and citing cases may be incomplete.
Land, Damages, Limitation
Updated: 26 November 2022; Ref: scu.183393
