Wiberg v City & County of Swansea [2001] EWLands ACQ_8_2001 (22 November 2001)

The claim is statute barred under section 9 of the Limitation Act 1980, there is no estoppel as no communicated shared assumption existed, and a binding agreement for compensation in the sum of £6,290 was reached; no further statutory claim can be pursued.

Citation: [2001] EWLands ACQ_8_2001
Parties: Claimant: Terrance Maldwyn Wiberg; Acquiring Authority: City and County of Swansea
Jurisdiction: England and Wales
Judgment Date: 22 November 2001
Procedural Posture: Compensation Claim for Compulsory Acquisition / Decision on Preliminary Issues
Outcome: claim dismissed
Legal Topics: Statutory Limitation, Compensation Agreement, Estoppel, Advance Payment, Statutory Contract

Compulsory Purchase Land Law Limitation Law Statutory Limitation Compensation Agreement Estoppel Advance Payment Statutory Contract

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 3 Authorities cited 6 Party arguments 2 Amounts and remedies 3

Parties

Terrance Maldwyn Wiberg

Claimant

City and County of Swansea

Acquiring Authority

Procedural Posture

Compensation Claim for Compulsory Acquisition / Decision on Preliminary Issues

Legal Issues

1 Is the claimant's claim barred by the Limitation Act 1980?
2 Is the acquiring authority estopped from relying on the limitation defence?
3 Was there a binding agreement for compensation?

Ratio Decidendi

Court Disposition

claim dismissed

Orders

Claim dismissed as statute barred.
Binding agreement for compensation in the sum of £6,290 only.