Cases - Co-operative Wholesale Society v Chester le Street District Council

Record details

Name

Co-operative Wholesale Society v Chester le Street District Council

Date

(1997)

Citation

73 Peer 111

Keywords

Extension of time

Summary

The decision in the Royal Bank of Scotland case should be contrasted with the decision here. In this case, the parties had been negotiating for a significant period of time, and the negotiations continued after the 6-year period had expired. When the matter was eventually referred to the Lands Tribunal, extensions of time were agreed by the applicant to permit the Council time to prepare its case. Subsequently, the Council applied to dismiss the reference as being out of time.

The Court of Appeal held that the time limit of 6 years under section 10 was not jurisdictional, but merely procedural. This meant that it was capable of waiver by agreement or conduct of the parties. The Court held in this case that the time limit was capable of being waived. It distinguished the Royal Bank of Scotland case, on the basis that no actual claim had been submitted within the relevant period in that case.