Rwe Npower plc v Kent County Council
Rwe Npower plc v Kent County Council
- 2006
- Rating and Valuation Reporter 2006, 103-105(2) .
ACQ/109/2004, 26 September 2005. R sought compensation for a number of plots of land acquired compulsorily by K. Entry was made in April 1987, and the parties agreed that the limitation period for bringing the claim expired on 29 April 1993. At the time of expiry, both sides believed the Limitation Act 1980 did not apply. In 1998, the parties became aware that the limitation period had expired. K decided as a matter of policy not to rely on the time bar, and negotiations continued. The issue to be decided was whether K was estopped from relying on the limitation defence. "Held" (1) R could not rely on the policy decision unless it was communicated to it, which it was not (2) negotiation was not inconsistent with maintaining a limitation defence (3) K could only be disentitled from relying upon a limitation defence if R was able to rely upon a promissory estoppel that it would not do so, and on the evidence it was impossible to find that any such estoppel had been given.
RWE NPOWER PLC V KENT CC
ACQ/109/2004, 26 September 2005. R sought compensation for a number of plots of land acquired compulsorily by K. Entry was made in April 1987, and the parties agreed that the limitation period for bringing the claim expired on 29 April 1993. At the time of expiry, both sides believed the Limitation Act 1980 did not apply. In 1998, the parties became aware that the limitation period had expired. K decided as a matter of policy not to rely on the time bar, and negotiations continued. The issue to be decided was whether K was estopped from relying on the limitation defence. "Held" (1) R could not rely on the policy decision unless it was communicated to it, which it was not (2) negotiation was not inconsistent with maintaining a limitation defence (3) K could only be disentitled from relying upon a limitation defence if R was able to rely upon a promissory estoppel that it would not do so, and on the evidence it was impossible to find that any such estoppel had been given.
RWE NPOWER PLC V KENT CC