Cases - Hillingdon London Borough Council v ARC Ltd

Record details

Name

Hillingdon London Borough Council v ARC Ltd

Date

(1998)

Citation

EG 202

Legislation

Compulsory Purchase Act 1965

Keywords

Planning and consents - CPO

Summary

In this case, the CPO was confirmed in 1982. This was followed by service of a notice to treat and notice of entry and possession also taken in 1982. The claimant served a claim in answer to the notice to treat. However, a detailed claim for compensation was not submitted until 1992. In 1995 the claimant referred the matter to the Lands Tribunal.

The acquiring authority took the matter to the High Court and claimed that the matter was statute-barred.

The Court held that the right to refer the matter to the Lands Tribunal was statute-barred 6 years after the cause of action had accrued. The Court held that the cause of action accrued at the date of entry, which gives rise to the right to compensation under section 11 of the Compulsory Purchase Act 1965.