Llanelec Precision Engineering Co Ltd v Neath Port Talbot County Borough Council [2000] EWLands ACQ_81_2000 (03 August 2000)

Llanelec Precision Engineering Co Ltd v Neath Port Talbot County Borough Council [2000] EWLands ACQ_81_2000 (03 August 2000)

There was a binding and enforceable contract for compensation at £28,000 concluded in 1993, not subject to contract, and not requiring compliance with s 2 of the Law of Property (Miscellaneous Provisions) Act 1989. The claim is therefore not open for further reference. Even if there was no contract, the claim would be statute-barred under Limitation Act 1980, s 9, and there is no estoppel preventing the acquiring authority from relying on limitation.

Citation
[2000] EWLands ACQ_81_2000
Parties
Claimant: Llanelec Precision Engineering Co Ltd; Acquiring Authority: Neath Port Talbot County Borough Council
Jurisdiction
England and Wales
Judgment Date
03 August 2000
Procedural Posture
Compensation Claim for Compulsory Acquisition of Land (preliminary Issues) / Decision on Preliminary Issues Before the Lands Tribunal
Outcome
Claim dismissed
Legal Topics
Compulsory Acquisition Compensation, Enforceability of Settlement Agreements, Limitation Act 1980, S 9, Estoppel by Convention, Law of Property (miscellaneous Provisions) Act 1989, S 2, Promissory Estoppel, Waiver
Compulsory Purchase Land Law Contract Law Limitation Law Compulsory Acquisition Compensation Enforceability of Settlement Agreements Limitation Act 1980, S 9 Estoppel by Convention +3 more

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Parties

Llanelec Precision Engineering Co Ltd

Claimant

Neath Port Talbot County Borough Council

Acquiring Authority

Procedural Posture

Compensation Claim for Compulsory Acquisition of Land (preliminary Issues) / Decision on Preliminary Issues Before the Lands Tribunal

Legal Issues

  1. 1 Whether compensation was already subject of a binding contract
  2. 2 Whether the claim is statute-barred under Limitation Act 1980, s 9
  3. 3 Whether the acquiring authority is estopped from relying on limitation

Ratio Decidendi

There was a binding and enforceable contract for compensation at £28,000 concluded in 1993, not subject to contract, and not requiring compliance with s 2 of the Law of Property (Miscellaneous Provisions) Act 1989. The claim is therefore not open for further reference. Even if there was no contract, the claim would be statute-barred under Limitation Act 1980, s 9, and there is no estoppel preventing the acquiring authority from relying on limitation.

Court Disposition

Claim dismissed

Orders

  • Claim for compensation dismissed as already subject to a binding contract; no estoppel; no further compensation payable.