West v Torfaen County Borough Council [2005] EWLands LCA_63_2004 (13 April 2005)

West v Torfaen County Borough Council [2005] EWLands LCA_63_2004 (13 April 2005)

The claim is statute-barred because the cause of action accrued on 21 May 1996 when possession was taken, and the reference was made after the six-year limitation period expired. There was no evidence of a convention or estoppel preventing the authority from relying on limitation.

Source-derived case information.

Citation
[2005] EWLands LCA_63_2004
Parties
Claimant: Garrod West; Compensating Authority: Torfaen County Borough Council
Jurisdiction
England and Wales
Judgment Date
13 April 2005
Procedural Posture
Compensation – Compulsory Purchase – Preliminary Issue / Decision on Preliminary Issue Regarding Limitation and Estoppel
Outcome
Claim dismissed as statute-barred; preliminary issue decided in favour of compensating authority.
Legal Topics
Statute Barred Claims, Estoppel by Convention, Compensation for Injurious Affection, Limitation Period Under Limitation Act 1980
Compulsory Purchase Land Compensation Limitation Law Statute Barred Claims Estoppel by Convention Compensation for Injurious Affection Limitation Period Under Limitation Act 1980

Source-derived case record

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Parties

Garrod West

Claimant

Torfaen County Borough Council

Compensating Authority

Procedural Posture

Compensation – Compulsory Purchase – Preliminary Issue / Decision on Preliminary Issue Regarding Limitation and Estoppel

Legal Issues

  1. 1 Whether the claimant's compensation claim is statute-barred under the Limitation Act 1980
  2. 2 Whether the compensating authority is estopped from relying on the limitation period

Ratio Decidendi

The claim is statute-barred because the cause of action accrued on 21 May 1996 when possession was taken, and the reference was made after the six-year limitation period expired. There was no evidence of a convention or estoppel preventing the authority from relying on limitation.

Court Disposition

Claim dismissed as statute-barred; preliminary issue decided in favour of compensating authority.

Orders

  • Claimant to pay compensating authority's costs of the preliminary issue, subject to detailed assessment if not agreed.