The company sought compensation for land taken under compulsory purchase powers by the defendants several years before. It now appealed against the defeat of its claim as time-barred.
Held: The appeal failed. The limitation period for a claim for a compensation payment runs from the date of the entry into possession of the land by the acquiring authority, even though compensation had not yet been set by the Lands Tribunal.
Potter LJ said that the answer to the question ‘When does a cause of action to recover a sum recoverable by virtue of any enactment accrue?’ is to be found in the proper construction of the statute giving the right to recover.
Nourse LJ said: ‘it is established by authority that a cause of action for a sum recoverable by virtue of an enactment ‘accrues’ notwithstanding that it remains to be quantified and, further, the quantification may have to be made by a tribunal other than a court of law.’
Judges:
Nourse, Potter, Mummery LJJ
Citations:
Gazette 20-May-1998, Times 04-May-1998, Gazette 16-Apr-1998, [1999] Ch 139, [1998] EWCA Civ 657, [1998] 3 EGLR 18, [1999] BLGR 282, [1998] 3 WLR 754, [1998] RVR 242, [1998] 39 EG 202
Links:
Statutes:
Limitation Act 1980 9, Compulsory Purchase Act 1965 11
Jurisdiction:
England and Wales
Citing:
Appeal from – Hillingdon London Borough Council v ARC Ltd ChD 12-Jun-1997
The Council had taken possession of the company’s land under compulsory purchase powers, but the company delayed its claim for compensation, and the Council now said that the claim was time barred.
Held: The claim was indeed time barred. The . .
Cited by:
See Also – 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 – Legal Services Commission v Henthorn QBD 4-Feb-2011
The claimant sought to recover overpayments said to have been made to the defendant barrister in the early 1990s. Interim payments on account had been made, but these were not followed by final accounts. The defendant, now retired, said that the . .
Lists of cited by and citing cases may be incomplete.
Land, Limitation
Updated: 30 May 2022; Ref: scu.144135