Kent County Council v Union Railways (North) Ltd.& Anor

Kent County Council v Union Railways (North) Ltd.& Anor

Where an acquiring authority has taken land under compulsory powers and omitted to serve notice to treat on a compensatable interest required for the scheme, the claimant is entitled to initiate a claim for statutory compensation under section 22 of the Compulsory Purchase Act 1965, and the Lands Tribunal has jurisdiction to determine entitlement and amount.

Parties
Appellant: Kent County Council; Respondents: Union Railways (North) Limited & Another
Jurisdiction
England and Wales
Judgment Date
01 May 2009
Procedural Posture
Civil Appeal / Appeal From Lands Tribunal on Preliminary Issues
Outcome
Appeal allowed
Legal Topics
Notice to Treat, Jurisdiction of Lands Tribunal, Statutory Interpretation, Options and Easements, Mistake or Inadvertence in Compulsory Purchase
Compulsory Acquisition Land Law Statutory Compensation Notice to Treat Jurisdiction of Lands Tribunal Statutory Interpretation Options and Easements Mistake or Inadvertence in Compulsory Purchase

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Parties

Kent County Council

Appellant

Union Railways (North) Limited & Another

Respondents

Procedural Posture

Civil Appeal / Appeal From Lands Tribunal on Preliminary Issues

Legal Issues

  1. 1 Whether the Lands Tribunal has jurisdiction to determine a claim for compensation where no notice to treat has been served on the claimant's interest
  2. 2 Whether an acquiring authority can deliberately omit to serve notice to treat on a known interest and thereby avoid statutory compensation
  3. 3 Whether a claimant can initiate a reference to the Lands Tribunal under section 22 of the Compulsory Purchase Act 1965

Ratio Decidendi

Where an acquiring authority has taken land under compulsory powers and omitted to serve notice to treat on a compensatable interest required for the scheme, the claimant is entitled to initiate a claim for statutory compensation under section 22 of the Compulsory Purchase Act 1965, and the Lands Tribunal has jurisdiction to determine entitlement and amount.

Court Disposition

Appeal allowed

Orders

  • All issues relating to the entitlement to or amount of compensation pursuant to the Company’s claim are remitted to the Lands Tribunal for determination in the light of this judgment.