Yorkshire Water Services Ltd v Coal Authority [2004] EWLands LCA_145_2002 (3 February 2004)

Yorkshire Water Services Ltd v Coal Authority [2004] EWLands LCA_145_2002 (3 February 2004)

The Authority's obligation to pay arises only after the claimant has actually incurred expenditure, and the limitation period runs from when it would have been reasonably practicable for the Authority to make payment after such expenditure. The reference was made within the limitation period for claims relating to payments made to Murphys on 4 January 2000, but not for earlier non-Murphys payments.

Citation
[2004] EWLands LCA_145_2002
Parties
Claimant: Yorkshire Water Services Limited; Respondent: The Coal Authority
Jurisdiction
England and Wales
Judgment Date
03 February 2004
Procedural Posture
Compensation – Mining Subsidence / Decision on Preliminary Issue Regarding Limitation Period Under Coal Mining Subsidence Act 1991
Outcome
Partially allowed
Legal Topics
Mining Subsidence Compensation, Limitation Periods, Statutory Undertaker Obligations, Remedial Obligations Under Coal Mining Subsidence Act 1991
Compensation Law Statutory Interpretation Mining Law Mining Subsidence Compensation Limitation Periods Statutory Undertaker Obligations Remedial Obligations Under Coal Mining Subsidence Act 1991

Case Brief

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Parties

Yorkshire Water Services Limited

Claimant

The Coal Authority

Respondent

Procedural Posture

Compensation – Mining Subsidence / Decision on Preliminary Issue Regarding Limitation Period Under Coal Mining Subsidence Act 1991

Legal Issues

  1. 1 Whether the reference was made within the period limited by section 44(2) of the Coal Mining Subsidence Act 1991
  2. 2 When the Authority's obligation to make payment arises under the Act
  3. 3 Whether the claim is statute barred

Ratio Decidendi

The Authority's obligation to pay arises only after the claimant has actually incurred expenditure, and the limitation period runs from when it would have been reasonably practicable for the Authority to make payment after such expenditure. The reference was made within the limitation period for claims relating to payments made to Murphys on 4 January 2000, but not for earlier non-Murphys payments.

Court Disposition

Partially allowed

Orders

  • Declaration that the reference was made within the period limited by section 44(2) of the Act in respect of the Murphys claim items listed, but the non-Murphys claim is statute barred.
  • Claimant awarded costs of the preliminary issue only, to be assessed by the Registrar if not agreed.