Kent County Council v Union Railways (North) Ltd & Anor (Record no. 81526)

MARC details
000 -LEADER
fixed length control field 02095cab a22002415a 4500
001 - CONTROL NUMBER
control field L147400
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 090508e20090501xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u147400
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Kent County Council v Union Railways (North) Ltd & Anor
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2009
520 ## - SUMMARY, ETC.
Summary, etc. [2009] EWCA Civ 363. 1 May 2009. Local authorities using compulsory purchase powers must serve notices on interested third parties as well as landowners. The appellant local authority appealed against a decision (see L144341) that it was not entitled, as an acquiring authority, to serve no notice to treat on the respondent railway company (U), the alleged owner of interests in land that it was compulsorily purchasing. The local authority had compulsorily purchased land from the landowner (B), over which U claimed rights over the land to lay cables across it. The rights included options to acquire freehold of the land or a lease, and an easement to lay cables. U claimed statutory compensation for loss of its rights. The local authority had served notices to treat and of entry on B, but not on U. Held: appeal dismissed, cross-appeal allowed, and the matter remitted to the Lands Tribunal for determination. The authority was obliged to serve notice to treat to a third party with an option to purchase the land. The acquisition of the option was necessary under s.5 of the Act; otherwise there would be nothing to stop the third party exercising its option and defeating the purpose of the purchase.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element COMPULSORY PURCHASE ACT 1965 S5
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element COMPULSORY PURCHASE ACT 1965 S22
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element COMPULSORY PURCHASE ACT 1965 S10
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element KENT COUNTY COUNCIL V UNION RAILWAYS (NORTH) LTD & ANOR
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element Boundary disputes
9 (RLIN) 6221
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element ENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-COMPULSORY PURCHASE AND COMPENSATION
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org.uk/ew/cases/EWQCA/Civ/2009/363.html">https://www.bailii.org.uk/ew/cases/EWQCA/Civ/2009/363.html</a>
Public note View the report online at www.bailii.org.uk...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 08/05/2009   ONLINE PUBLICATION 147400-1001 06/08/2019 1 06/08/2019 Law report