000 01749cam a2200229 4500
001 ABS67058
008 030929n2003 000 0 eng u
035 _a(Sirsi) u123743
245 _aBP Oil UK Ltd v Kent County Council
260 _c2003
490 _aRating and Valuation Reporter
_v[2003] RVR 276-288(13)
520 _a[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.
590 _aABS
650 _aBP OIL UK LTD V KENT CC
650 _aCOMPENSATION
650 _aCOMPULSORY PURCHASE ORDERS
650 _aLIMITATION ACT 1980
650 _aTIME-BARRED
690 _aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-COMPULSORY PURCHASE AND COMPENSATION
856 _uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2003/798.html
_zView judgment on the Bailii website...
942 _n0
999 _c73476
_d73476