Bridgestart Properties Ltd v London Underground Ltd
Bridgestart Properties Ltd v London Underground Ltd
- 2004
- Rating and Valuation Reporter [2004] RVR 18-24(6) .
ACQ/128/2002, 17 October 2003. Claim for injurious affection for settlement to premises caused by tunnelling for underground railway based on the Land Clauses Consolidation Act 1845 s63 and theLondon Transport Act 1963 s11. Acquiring authority (LU) declared that the claim under s63 of the 1845 Act was time-barred by the Limitation Act 1980 s9(1) as more than six years had lapsed between the date of entry in July 1994 and the giving of the notice of reference to the LT. Claimant (B) declared that LU was estopped from relying on limitation or had waived their right to do so. LT dismissed claim. "Declared" that, i) London Transport Act 1963 s11 was not applicable for damage caused by tunnelling as it applied to operation of railways and not to its construction and, ii) any action brought under the Lands Clauses Consolidation 1845 Act s63 was time-barred. Costs awarded to LU. View decision at www.landstribunal.gov.uk.
LONDON TRANSPORT ACT 1963 S11
LANDS CLAUSES CONSOLIDATION ACT 1845 S63
BRIDGESTART PROPERTIES LTD V LONDON UNDERGROUND LTD
COMPENSATION
TIME-BARRED
TUNNELLING
BUILT ENVIRONMENT
COSTS
ACQ/128/2002, 17 October 2003. Claim for injurious affection for settlement to premises caused by tunnelling for underground railway based on the Land Clauses Consolidation Act 1845 s63 and theLondon Transport Act 1963 s11. Acquiring authority (LU) declared that the claim under s63 of the 1845 Act was time-barred by the Limitation Act 1980 s9(1) as more than six years had lapsed between the date of entry in July 1994 and the giving of the notice of reference to the LT. Claimant (B) declared that LU was estopped from relying on limitation or had waived their right to do so. LT dismissed claim. "Declared" that, i) London Transport Act 1963 s11 was not applicable for damage caused by tunnelling as it applied to operation of railways and not to its construction and, ii) any action brought under the Lands Clauses Consolidation 1845 Act s63 was time-barred. Costs awarded to LU. View decision at www.landstribunal.gov.uk.
LONDON TRANSPORT ACT 1963 S11
LANDS CLAUSES CONSOLIDATION ACT 1845 S63
BRIDGESTART PROPERTIES LTD V LONDON UNDERGROUND LTD
COMPENSATION
TIME-BARRED
TUNNELLING
BUILT ENVIRONMENT
COSTS