Captain Lee Jones v Shropshire Council

Captain Lee Jones v Shropshire Council

The issue of a CIL stop notice by a collecting authority is not an 'action' to recover a sum within the meaning of section 9(1) of the Limitation Act 1980; therefore, the six-year limitation period does not apply to the administrative act of issuing a CIL stop notice.

Parties
Claimant: Captain Lee Jones; Defendant: Shropshire Council
Jurisdiction
England and Wales
Judgment Date
21 February 2025
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Community Infrastructure Levy, Limitation of Actions, Statutory Interpretation
Administrative Law Planning Law Community Infrastructure Levy Limitation of Actions Statutory Interpretation

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Parties

Captain Lee Jones

Claimant

Shropshire Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the issue of a CIL stop notice is time barred by section 9 of the Limitation Act 1980
  2. 2 Whether issuing a CIL stop notice constitutes an 'action' to recover a sum under section 9(1) of the Limitation Act 1980

Ratio Decidendi

The issue of a CIL stop notice by a collecting authority is not an 'action' to recover a sum within the meaning of section 9(1) of the Limitation Act 1980; therefore, the six-year limitation period does not apply to the administrative act of issuing a CIL stop notice.

Court Disposition

Claim dismissed