Kent County Council v Union Railways (North) Ltd.& Anor [2009] EWCA Civ 363 (01 May 2009)

Kent County Council v Union Railways (North) Ltd.& Anor [2009] EWCA Civ 363 (01 May 2009)

If it is found that the Company had compensatable interests in the land compulsorily acquired, those interests were also 'taken' under statutory powers, entitling the Company to statutory compensation. The Council cannot avoid statutory compensation by omitting to serve notice to treat on such interests; section 22 can be triggered by the claimant, and the Lands Tribunal has jurisdiction to determine the claim.

Citation
[2009] EWCA Civ 363
Parties
Appellant: Kent County Council; Respondents: Union Railways (North) Limited & Anr
Jurisdiction
England and Wales
Judgment Date
01 May 2009
Procedural Posture
Appeal From Lands Tribunal / Court of Appeal Judgment on Preliminary Issues
Outcome
Appeal allowed; matter remitted to tribunal.
Legal Topics
Statutory Compensation, Notice to Treat, Jurisdiction of Lands Tribunal, Acquisition of Interests in Land
Compulsory Purchase Land Law Administrative Law Statutory Compensation Notice to Treat Jurisdiction of Lands Tribunal Acquisition of Interests in Land

Case Brief

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Parties

Kent County Council

Appellant

Union Railways (North) Limited & Anr

Respondents

Procedural Posture

Appeal From Lands Tribunal / Court of Appeal Judgment 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 in respect of the interest claimed by a claimant.
  2. 2 Whether an acquiring authority may omit to serve notice to treat on an interest in land it is taking under compulsory powers.
  3. 3 Whether a claimant can initiate compensation proceedings where the acquiring authority disputes the interest and has not served notice to treat.

Ratio Decidendi

If it is found that the Company had compensatable interests in the land compulsorily acquired, those interests were also 'taken' under statutory powers, entitling the Company to statutory compensation. The Council cannot avoid statutory compensation by omitting to serve notice to treat on such interests; section 22 can be triggered by the claimant, and the Lands Tribunal has jurisdiction to determine the claim.

Court Disposition

Appeal allowed; matter remitted to tribunal.

Orders

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