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Limitation of Action – Land. The claimant was the freehold owner of a farm. In 1991, the defendant authority acquired a compulsory purchase order regarding some of his land. The claimant contended that he had not been properly compensated. He sought an order that the authority should refer the matter to the Lands Chamber of the Upper Tribunal (the Tribunal) for assessment and an injunction restraining the authority from using the land as a road. The Chancery Division considered two preliminary issues. It held that s 9 of the Limitation Act 1980 applied to the present application, but that it would be unconscionable for the authority to take a limitation defence.
Limitation of Action – Land. The claimant was the freehold owner of a farm. In 1991, the defendant authority acquired a compulsory purchase order regarding some of his land. The claimant contended that he had not been properly compensated. He sought an order that the authority should refer the matter to the Lands Chamber of the Upper Tribunal (the Tribunal) for assessment and an injunction restraining the authority from using the land as a road. The Chancery Division considered two preliminary issues. It held that s 9 of the Limitation Act 1980 applied to the present application, but that it would be unconscionable for the authority to take a limitation defence.
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