Price & Ors v Caerphilly County Borough Council [2004] EWLands LCA_43_2003 (28 June 2004)

Price & Ors v Caerphilly County Borough Council [2004] EWLands LCA_43_2003 (28 June 2004)

The relevant highway for the purposes of the claims is section C-D of the Distributor Road, which was first open to public traffic on 8 November 1995. The claimants' notices of reference were served more than six years after the first claim day, rendering the claims statute-barred. Further, as section C-D was not adopted as a highway maintainable at public expense within three years of opening, section 19(3) of the Land Compensation Act 1973 excludes the claims. There is no estoppel preventing the compensating authority from asserting these points.

Citation
[2004] EWLands LCA_43_2003
Parties
Claimants: Mr and Mrs D R Price and Others; Compensating Authority: Caerphilly County Borough Council
Jurisdiction
England and Wales
Judgment Date
28 June 2004
Procedural Posture
Compensation Claim Under Land Compensation Act 1973 Part I / Decision on Preliminary Issues
Outcome
Claims dismissed
Legal Topics
Land Compensation Act 1973 Part I, Highway Noise, Limitation, Estoppel, Statutory Interpretation, Public Highway Adoption
Compensation Law Administrative Law Property Law Land Compensation Act 1973 Part I Highway Noise Limitation Estoppel Statutory Interpretation +1 more

Case Brief

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Parties

Mr and Mrs D R Price and Others

Claimants

Caerphilly County Borough Council

Compensating Authority

Procedural Posture

Compensation Claim Under Land Compensation Act 1973 Part I / Decision on Preliminary Issues

Legal Issues

  1. 1 Whether the claimants' reference is statute-barred under section 19(2A) of the Land Compensation Act 1973
  2. 2 Whether the relevant road became a public highway maintainable at public expense within three years of opening to public traffic
  3. 3 Whether the claimants have valid claims for compensation under Part I of the Land Compensation Act 1973, having regard to section 19(3)

Ratio Decidendi

The relevant highway for the purposes of the claims is section C-D of the Distributor Road, which was first open to public traffic on 8 November 1995. The claimants' notices of reference were served more than six years after the first claim day, rendering the claims statute-barred. Further, as section C-D was not adopted as a highway maintainable at public expense within three years of opening, section 19(3) of the Land Compensation Act 1973 excludes the claims. There is no estoppel preventing the compensating authority from asserting these points.

Court Disposition

Claims dismissed

Orders

  • Claims for compensation under Part I of the Land Compensation Act 1973 are dismissed as statute-barred and excluded by section 19(3).
  • Parties invited to make submissions on costs; decision not effective until costs are dealt with.