Saunders v Caerphilly County Borough Council

Section 9(1) of the Limitation Act 1980 applies to the claim, but the authority is estopped from relying on limitation due to its conduct and communications during negotiations, making it unconscionable to raise the defence.

Parties: Claimant: John Richard Saunders; Defendant: Caerphilly County Borough Council
Jurisdiction: England and Wales
Judgment Date: 11 June 2015
Procedural Posture: Civil / Judgment on Preliminary Issues
Outcome: Section 9(1) applies but authority estopped from limitation defence; compensation to be referred to Tribunal; injunction claim not granted.
Legal Topics: Limitation Periods, Compensation Assessment, Estoppel, Legitimate Expectation

Compulsory Purchase Land Law Administrative Law Limitation Periods Compensation Assessment Estoppel Legitimate Expectation

Case Brief

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Parties

John Richard Saunders

Claimant

Caerphilly County Borough Council

Defendant

Procedural Posture

Civil / Judgment on Preliminary Issues

Legal Issues

1 Whether section 9(1) of the Limitation Act 1980 applies to the claimant's claims
2 Whether the authority is prevented from raising a limitation defence
3 Whether the claim for an injunction preventing use of the road should be struck out

Ratio Decidendi

Court Disposition

Section 9(1) applies but authority estopped from limitation defence; compensation to be referred to Tribunal; injunction claim not granted.

Orders

Authority to make a reference to the Lands Chamber of the Upper Tribunal as soon as practicable.
No injunction granted restraining use of the strip as a road.