Union Railways (North) Ltd v London & Continental Railways Ltd [2008] EWLands ACQ_212_2005 (03 June 2008)

Union Railways (North) Ltd v London & Continental Railways Ltd [2008] EWLands ACQ_212_2005 (03 June 2008)

The Lands Tribunal has jurisdiction to determine a claim for compensation for compulsory acquisition of land even where no notice to treat has been served in respect of the interest claimed, by virtue of section 10 of the Compulsory Purchase Act 1965. Notice to treat is not a pre-requisite for entitlement to compensation, and the Tribunal can determine issues of title and entitlement to compensation.

Citation
[2008] EWLands ACQ_212_2005
Parties
First Claimant: Union Railways (North) Limited; Second Claimant: London & Continental Railways Limited; Acquiring Authority: Kent County Council
Jurisdiction
England and Wales
Judgment Date
03 June 2008
Procedural Posture
Compensation – Compulsory Purchase – Preliminary Issue / Decision on Preliminary Issues
Outcome
Preliminary issues determined in favour of the claimants.
Legal Topics
Compensation for Compulsory Acquisition, Jurisdiction of Lands Tribunal, Notice to Treat, Entitlement to Compensation, Statutory Interpretation
Compulsory Purchase Land Law Administrative Law Compensation for Compulsory Acquisition Jurisdiction of Lands Tribunal Notice to Treat Entitlement to Compensation Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 36 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Union Railways (North) Limited

First Claimant

London & Continental Railways Limited

Second Claimant

Kent County Council

Acquiring Authority

Procedural Posture

Compensation – Compulsory Purchase – Preliminary Issue / Decision on Preliminary Issues

Legal Issues

  1. 1 Whether the Lands Tribunal has jurisdiction to determine a claim for compensation where no notice to treat has been served in respect of the interest claimed by a claimant.
  2. 2 Whether the Lands Tribunal has jurisdiction to determine a claim for compensation where no notice to treat is served on a claimant and where the acquiring authority dispute the claimant’s interest or title and/or his entitlement to compensation.

Ratio Decidendi

The Lands Tribunal has jurisdiction to determine a claim for compensation for compulsory acquisition of land even where no notice to treat has been served in respect of the interest claimed, by virtue of section 10 of the Compulsory Purchase Act 1965. Notice to treat is not a pre-requisite for entitlement to compensation, and the Tribunal can determine issues of title and entitlement to compensation.

Court Disposition

Preliminary issues determined in favour of the claimants.

Orders

  • It is declared that notice to treat is not a pre-requisite of entitlement to compensation for an interest in land that has been compulsorily acquired.
  • It is declared that the Lands Tribunal has jurisdiction to determine the claimants’ title and entitlement to compensation.