Cases - Royal Bank of Scotland plc v Clydebank District Council

Record details

Name

Royal Bank of Scotland plc v Clydebank District Council

Date

(1992)

Citation

SLT 356

Keywords

Time limits

Summary

In this case, the former owners were allowed to remain in possession of a property for more than 5 years after the vesting date, and overlooked the time limit for submitting the claim for compensation. The Court held that it was not possible to pursue the claim for compensation to the Lands Tribunal, as it was out of time. The Court also made the point, though, that the statutory right to compensation was not extinguished, only the right to take the matter to the Lands Tribunal. Thus, the right to compensation continued, but the acquiring authority was not liable to make payment unless it reached agreement. There was no obligation on the acquiring authority to reach agreement.