Halstead v Council Of City Of Manchester [1997] EWCA Civ 2555 (23rd October, 1997)

Halstead v Council Of City Of Manchester [1997] EWCA Civ 2555 (23rd October, 1997)

Interest is payable under section 11(1) of the Compulsory Purchase Act 1965 on compensation assessed under rule (5) (reinstatement) from the date of entry until compensation is paid, and the cause of action for statutory interest arises when compensation is agreed or awarded, not at each instalment payment.

Citation
[1997] EWCA Civ 2555
Parties
Plaintiff (respondent): David Halstead (for himself and others, the members of the Whalley Range Methodist Church Council and for the Custodian Trustees for Methodist Church Purposes); Defendant (appellant): Council of the City of Manchester
Jurisdiction
England and Wales
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division, Manchester District Registry) to Court of Appeal (civil Division)
Outcome
Appeal dismissed
Legal Topics
Interest on Compensation, Limitation Periods, Compulsory Acquisition, Assessment of Compensation
Compulsory Purchase Land Law Civil Procedure Interest on Compensation Limitation Periods Compulsory Acquisition Assessment of Compensation

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Parties

David Halstead (for himself and others, the members of the Whalley Range Methodist Church Council and for the Custodian Trustees for Methodist Church Purposes)

Plaintiff (respondent)

Council of the City of Manchester

Defendant (appellant)

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division, Manchester District Registry) to Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether interest is payable under section 11(1) of the Compulsory Purchase Act 1965 in a reinstatement (rule (5)) case and for what period; When the cause of action for statutory interest arises for limitation purposes under section 9(1) of the Limitation Act 1980

Ratio Decidendi

Interest is payable under section 11(1) of the Compulsory Purchase Act 1965 on compensation assessed under rule (5) (reinstatement) from the date of entry until compensation is paid, and the cause of action for statutory interest arises when compensation is agreed or awarded, not at each instalment payment.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Leave to appeal to the House of Lords refused