Bridgestart Properties Ltd v London Underground Ltd [2003] EWLands ACQ_128_2002 (30 September 2003)

Bridgestart Properties Ltd v London Underground Ltd [2003] EWLands ACQ_128_2002 (30 September 2003)

The claim is statute-barred under section 9(1) of the Limitation Act 1980 as more than six years elapsed from the date of entry; there was no estoppel or waiver by the acquiring authority, and section 11 of the London Transport Act 1963 does not apply as the claim relates to construction, not operation, and land was taken.

Citation
[2003] EWLands ACQ_128_2002
Parties
Claimant: Bridgestart Properties Limited; Acquiring Authority: London Underground Limited
Jurisdiction
England and Wales
Judgment Date
30 September 2003
Procedural Posture
Compensation Claim for Injurious Affection Following Compulsory Purchase / Final Decision on Preliminary Issue of Limitation
Outcome
Claim dismissed as statute-barred
Legal Topics
Limitation of Actions, Estoppel, Compulsory Acquisition, Injurious Affection, Statutory Interpretation
Compulsory Purchase Land Law Statutory Compensation Limitation of Actions Estoppel Compulsory Acquisition Injurious Affection Statutory Interpretation

Case Brief

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Parties

Bridgestart Properties Limited

Claimant

London Underground Limited

Acquiring Authority

Procedural Posture

Compensation Claim for Injurious Affection Following Compulsory Purchase / Final Decision on Preliminary Issue of Limitation

Legal Issues

  1. 1 Whether the claim for compensation under section 63 of the Lands Clauses Consolidation Act 1845 is statute-barred by limitation
  2. 2 Whether the acquiring authority is estopped or has waived its right to rely on limitation
  3. 3 Whether section 11 of the London Transport Act 1963 provides an alternative basis for the claim

Ratio Decidendi

The claim is statute-barred under section 9(1) of the Limitation Act 1980 as more than six years elapsed from the date of entry; there was no estoppel or waiver by the acquiring authority, and section 11 of the London Transport Act 1963 does not apply as the claim relates to construction, not operation, and land was taken.

Court Disposition

Claim dismissed as statute-barred

Orders

  • Claimant to pay acquiring authority's costs of the reference, such costs if not agreed to be subject to detailed assessment by the Registrar on the standard basis.