Welford v Transport for London [2008] EWLands ACQ_26_2007 (11 February 2008)

Welford v Transport for London [2008] EWLands ACQ_26_2007 (11 February 2008)

The acquiring authority failed to prove, on the evidence, that they entered and took possession of the land more than six years before the notice of reference. Mere assertions and preparatory acts were insufficient to constitute entry and possession for limitation purposes. The claim is not statute-barred.

Source-derived case information.

Citation
[2008] EWLands ACQ_26_2007
Parties
Claimant: Terence Welford; Acquiring Authority: Transport for London
Jurisdiction
England and Wales
Judgment Date
11 February 2008
Procedural Posture
Compulsory Purchase Compensation / Preliminary Issue on Limitation/statute Barred Claim
Outcome
preliminary issue determined in claimant's favour; claim not statute-barred
Legal Topics
Limitation Period, Compulsory Acquisition, Compensation, Entry and Possession, Estoppel
Property Law Compulsory Purchase Limitation Period Compulsory Acquisition Compensation Entry and Possession Estoppel

Source-derived case record

Summary, issues, holding and outcome

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Parties

Terence Welford

Claimant

Transport for London

Acquiring Authority

Procedural Posture

Compulsory Purchase Compensation / Preliminary Issue on Limitation/statute Barred Claim

Legal Issues

  1. 1 Whether the compensation claim is statute-barred under the Limitation Act 1980 due to the date of entry by the acquiring authority
  2. 2 Whether the acquiring authority entered and took possession of the land more than six years before the notice of reference
  3. 3 Whether the acquiring authority is estopped from denying the date of entry as 27 February 2001

Ratio Decidendi

The acquiring authority failed to prove, on the evidence, that they entered and took possession of the land more than six years before the notice of reference. Mere assertions and preparatory acts were insufficient to constitute entry and possession for limitation purposes. The claim is not statute-barred.

Court Disposition

preliminary issue determined in claimant's favour; claim not statute-barred