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BP Oil UK Ltd v Kent County Council

Series: Rating and Valuation Reporter ; [2003] RVR 276-288(13)Publication details: 2003Subject(s): Online resources: Summary: [2003] EWCA Civ 798, 13 June 2003. Appeal by appellant (B) against an LT decision (ACQ/12/2002, LT123612) on a preliminary issue that B's claim for compensation for land taken by a compulsory purchase order for highway works fell outside the limitation period as determined by the Limitation Act 1990 s9. The LT maintained that the date of entry was 8 August 1995. B issued a notice of reference to the LT in January 2002 to determine amount of compensation. K had entered into an agreement with B to pay compensation for loss of land to be assessed in accordance with the Compulsory Purchase Code. CA upheld the LT decision that the claim fell outside the limitation period but held that cl4 of the 1996 agreement between K and B constituted a clear contractual obligation for K to pay compensation to B. Appeal allowed and directed that reference should be determined by the LT in accordance with the Lands Tribunal Act 1949 s1(5). View judgment at www.bailii.org.
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Law report London Journal article ABS67058 (Browse shelf(Opens below)) 1 Available 123743-1001

[2003] EWCA Civ 798, 13 June 2003. Appeal by appellant (B) against an LT decision (ACQ/12/2002, LT123612) on a preliminary issue that B's claim for compensation for land taken by a compulsory purchase order for highway works fell outside the limitation period as determined by the Limitation Act 1990 s9. The LT maintained that the date of entry was 8 August 1995. B issued a notice of reference to the LT in January 2002 to determine amount of compensation. K had entered into an agreement with B to pay compensation for loss of land to be assessed in accordance with the Compulsory Purchase Code. CA upheld the LT decision that the claim fell outside the limitation period but held that cl4 of the 1996 agreement between K and B constituted a clear contractual obligation for K to pay compensation to B. Appeal allowed and directed that reference should be determined by the LT in accordance with the Lands Tribunal Act 1949 s1(5). View judgment at www.bailii.org.