Executor Of The Estate Of W R Woolhouse v Barnsley Metropolitan Borough Council [2005] EWLands ACQ_7_2004 (20 January 2005)

Executor Of The Estate Of W R Woolhouse v Barnsley Metropolitan Borough Council [2005] EWLands ACQ_7_2004 (20 January 2005)

The claim is statute-barred because the notice of reference was made more than six years after entry on the land, and the claimant did not establish waiver or estoppel.

Citation
[2005] EWLands ACQ_7_2004
Parties
Claimant: Executor of the Estate of W R Woolhouse Dec'd; Acquiring Authority: Barnsley Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
20 January 2005
Procedural Posture
Compensation Claim for Compulsory Purchase / Preliminary Issue on Limitation
Outcome
Claim dismissed as statute-barred.
Legal Topics
Statute Barred Claims, Limitation Act 1980, Compulsory Acquisition Compensation
Compulsory Purchase Property Law Limitation of Actions Statute Barred Claims Limitation Act 1980 Compulsory Acquisition Compensation

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Parties

Executor of the Estate of W R Woolhouse Dec'd

Claimant

Barnsley Metropolitan Borough Council

Acquiring Authority

Procedural Posture

Compensation Claim for Compulsory Purchase / Preliminary Issue on Limitation

Legal Issues

  1. 1 Whether the compensation claim is statute-barred under section 9(1) of the Limitation Act 1980

Ratio Decidendi

The claim is statute-barred because the notice of reference was made more than six years after entry on the land, and the claimant did not establish waiver or estoppel.

Court Disposition

Claim dismissed as statute-barred.

Orders

  • Claim dismissed.
  • Claimant to pay acquiring authority's costs of the reference, subject to detailed assessment if not agreed.