[2011] EWCA Civ 862

The exclusion in the Land Compensation Act 1973 s.19(3) of compensation claims by property owners affected by a new road that was not adopted by a local authority within three years of its opening date was incompatible with the right to peaceful enjoyment of possessions in the European Convention on Human Rights 1950 Protocol 1 art.1.

CA (Civ Div) (Mummery LJ, Carnwath LJ, Hedley J)

26/07/2011