Land and Estate Developments UK Limited v Nottingham City Council

Land and Estate Developments UK Limited v Nottingham City Council

The notice of reference was received by the Tribunal before midnight on 30 June 2020, within the statutory six-year limitation period, and Tribunal procedural rules do not override or truncate this period.

Parties
Claimant: Land and Estate Developments UK Limited; Acquiring Authority: Nottingham City Council
Jurisdiction
England and Wales
Judgment Date
24 March 2021
Procedural Posture
Compensation Limitation Compulsory Purchase / Preliminary Issue Determination on Limitation Defence
Outcome
Notice of reference received in time; limitation defence rejected.
Legal Topics
Limitation Period for Compensation Claims, Compulsory Purchase (vesting Declarations) Act 1981, Tribunal Procedural Rules, Covid 19 Document Submission Guidance
Compulsory Purchase Limitation Law Tribunal Procedure Limitation Period for Compensation Claims Compulsory Purchase (vesting Declarations) Act 1981 Tribunal Procedural Rules Covid 19 Document Submission Guidance

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Parties

Land and Estate Developments UK Limited

Claimant

Nottingham City Council

Acquiring Authority

Procedural Posture

Compensation Limitation Compulsory Purchase / Preliminary Issue Determination on Limitation Defence

Legal Issues

  1. 1 Whether the notice of reference was served within the six-year limitation period
  2. 2 Whether Tribunal procedural rules affect statutory limitation period

Ratio Decidendi

The notice of reference was received by the Tribunal before midnight on 30 June 2020, within the statutory six-year limitation period, and Tribunal procedural rules do not override or truncate this period.

Court Disposition

Notice of reference received in time; limitation defence rejected.

Orders

  • Notice of reference is valid and within limitation period.
  • Proceedings on substantive claim may continue.