Owen v Highways Agency [2003] EWLands LCA_37_2002 (16 May 2003)

Owen v Highways Agency [2003] EWLands LCA_37_2002 (16 May 2003)

The claimant was not the owner of the property at the relevant date for Work No 17 (30 March 1990) and thus not entitled to compensation; any claim in respect of later works (Work No 17A) is statute-barred as the reference was made more than 6 years after the first claim day.

Citation
[2003] EWLands LCA_37_2002
Parties
Claimant: Harry Peter Owen; Compensating Authority: Highways Agency
Jurisdiction
England and Wales
Judgment Date
16 May 2003
Procedural Posture
Compensation Claim Under Land Compensation Act 1973, Part I / Decision on Preliminary Issue
Outcome
claim dismissed
Legal Topics
Statutory Compensation, Limitation Period, Qualifying Interest, Public Works Depreciation
Compensation Law Public Works Law Property Law Statutory Compensation Limitation Period Qualifying Interest Public Works Depreciation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Harry Peter Owen

Claimant

Highways Agency

Compensating Authority

Procedural Posture

Compensation Claim Under Land Compensation Act 1973, Part I / Decision on Preliminary Issue

Legal Issues

  1. 1 Whether the claimant was the owner at the relevant date for compensation under Part I of the Land Compensation Act 1973
  2. 2 Whether the claim is statute-barred under the Limitation Act 1980

Ratio Decidendi

The claimant was not the owner of the property at the relevant date for Work No 17 (30 March 1990) and thus not entitled to compensation; any claim in respect of later works (Work No 17A) is statute-barred as the reference was made more than 6 years after the first claim day.

Court Disposition

claim dismissed

Orders

  • Reference dismissed
  • No order as to costs