East Of Scotland Water Authority v Logan [1999] ScotCS 242 (19 October 1999)

East Of Scotland Water Authority v Logan [1999] ScotCS 242 (19 October 1999)

The claim for compensation was not time-barred because, on the facts alleged by the defender, the loss arose upon completion of the sewer in November 1993, and the claim was made within 12 months thereafter. The pursuers' conduct did not amount to a waiver of their right to insist on the time-bar plea.

Citation
[1999] ScotCS 242
Parties
Pursuers and Appellants: East of Scotland Water Authority; Defender and Respondent: Andrew Logan
Jurisdiction
Scotland
Judgment Date
19 October 1999
Procedural Posture
Appeal / Appeal From Sheriff Principal's Decision, Inner House, Court of Session
Outcome
Appeal dismissed
Legal Topics
Statutory Compensation, Time Bar (limitation), Waiver of Rights, Exercise of Statutory Powers, Planning Permission and Development Value
Administrative Law Compensation Law Planning Law Statutory Compensation Time Bar (limitation) Waiver of Rights Exercise of Statutory Powers Planning Permission and Development Value

Case Brief

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Parties

East of Scotland Water Authority

Pursuers and Appellants

Andrew Logan

Defender and Respondent

Procedural Posture

Appeal / Appeal From Sheriff Principal's Decision, Inner House, Court of Session

Legal Issues

  1. 1 Whether the defender's claim for compensation under section 20 of the Sewerage (Scotland) Act 1968 is time-barred under section 20(3)
  2. 2 Whether the pursuers waived their right to insist on the time-bar

Ratio Decidendi

The claim for compensation was not time-barred because, on the facts alleged by the defender, the loss arose upon completion of the sewer in November 1993, and the claim was made within 12 months thereafter. The pursuers' conduct did not amount to a waiver of their right to insist on the time-bar plea.

Court Disposition

Appeal dismissed

Orders

  • The appeal by the pursuers is refused.