BP Oil UK Ltd v Kent County Council [2002] EWLands ACQ_12_2002 (28 June 2002)

BP Oil UK Ltd v Kent County Council [2002] EWLands ACQ_12_2002 (28 June 2002)

The claim is statute-barred because entry was effected on 8 August 1995 pursuant to notice of entry, which constituted taking possession of the whole of Plot 92 for limitation purposes, and the claim was not brought within six years as required by the Limitation Act 1980. The subsequent agreements did not supplant the statutory right to compensation or alter the limitation period.

Citation
[2002] EWLands ACQ_12_2002
Parties
Claimant: BP Oil UK Limited; Acquiring Authority: Kent County Council
Jurisdiction
England and Wales
Judgment Date
28 June 2002
Procedural Posture
Compensation Claim Under Compulsory Purchase / Preliminary Issue on Limitation
Outcome
claim dismissed as statute-barred
Legal Topics
Statutory Compensation, Limitation Period, Entry and Possession, Compulsory Purchase Procedure
Compulsory Purchase Land Law Limitation Statutory Compensation Limitation Period Entry and Possession Compulsory Purchase Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 24 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

BP Oil UK Limited

Claimant

Kent County Council

Acquiring Authority

Procedural Posture

Compensation Claim Under Compulsory Purchase / Preliminary Issue on Limitation

Legal Issues

  1. 1 Whether the claim for compensation is statute-barred under the Limitation Act 1980
  2. 2 Whether entry by the acquiring authority on part of the land constituted taking possession of the whole for limitation purposes
  3. 3 Whether subsequent agreements altered or supplanted statutory rights to compensation

Ratio Decidendi

The claim is statute-barred because entry was effected on 8 August 1995 pursuant to notice of entry, which constituted taking possession of the whole of Plot 92 for limitation purposes, and the claim was not brought within six years as required by the Limitation Act 1980. The subsequent agreements did not supplant the statutory right to compensation or alter the limitation period.

Court Disposition

claim dismissed as statute-barred

Orders

  • Reference disposed of as statute-barred
  • 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