Cases - Bhattacharjee v Blackburn with Darwen Borough Council

Record details

Name
Bhattacharjee v Blackburn with Darwen Borough Council
Date
(2002)
Citation
RVR 55
Legislation
Keywords
Limitation period - compensation for disturbance
Summary

In this case, the acquiring authority had made an advance payment of compensation after the limitation period had expired. Further, the parties had exchanged correspondence shortly after the 6-year period had expired, under which agreement was reached in respect of the compensation payable. The Council agreed to pay additional compensation for disturbance, but the claim for disturbance was not made for a further 3 years. It was held that the agreement to pay the compensation was subject to an implied term that the claim for disturbance would be made within a 'reasonable time'.

This case and 2 others (Royal Bank of Scotland plc v Clydebank DC and Co-operative Wholesale Society v Chester le Street DC) highlight the need for surveyors to be aware of the 6-year time limit in negotiations with acquiring authorities. It is important, so far as possible, to ensure that a full claim is submitted for compensation before the expiration of the 6-year term. Attempts to recover compensation after the 6-year period may be fraught with difficulties and could well be struck out.