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West Riding County Council v Huddersfield Corporation

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Vincent
JurisdictionEngland & Wales
Date1957
Year1957
CourtQueen's Bench Division
[QUEEN'S BENCH DIVISION.] WEST RIDING COUNTY COUNCIL v. HUDDERSFIELD CORPORATION. 1957 Feb. 6. Lord Goddard C.J.

Limitation of Action - Local authority - Money claims made following alteration of boundaries - Arbitration 16 years after orders of Minister - Whether claims within provisions of Limitation Act and statute barred - Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), s. 151 - Limitation Act, 1939 (2 & 3 Geo. 6, c. 21), ss. 2 (1) (d), 27.

Orders were made by the Minister of Health in 1937 and 1938 pursuant to his powers under section 46 of the Local Government Act, 1929, by which parts of the area of the West Riding County Council were transferred to and incorporated into the Borough of Huddersfield. In January, 1953, the West Riding County Council sent to the Huddersfield Corporation for agreement claims for £214,516 and £44,273 in respect of the two orders, being the proposed adjustment called for by section 151 of the Local Government Act, 1933. The Huddersfield Corporation did not agree to the claims and an arbitrator was appointed. In their points of defence the corporation pleaded, inter alia, that the claims were statute barred as they did not arise wholly or in part within a period of six years before either the arbitration or the making of the claims. On a special case stated by the arbitrator: —

Held, that although section 151 of the Act of 1933 made provision for adjustments of other than a financial nature, the claims made in the present case were for specified sums of money and as such were within the ambit of section 2 (1) (d) of the Limitation Act, 1939, and thereby statute barred.

SPECIAL CASE stated by an arbitrator.

By the County of York West Riding Review Orders made by the Minister of Health in 1937 and 1938 pursuant to his powers under section 46 of the Local Government Act, 1929, the boundaries of the County Borough of Huddersfield were extended to include areas which had previously been part of the administrative county of the West Riding of Yorkshire. By letters dated January 29, 1953, the West Riding County Council submitted for the agreement of the Huddersfield Corporation claims in the sums of £214,516 and £44,273, being in respect of the two orders for a financial adjustment made pursuant to section 151 of the Local Government Act, 1933.F1 With the letters were sent forms of claim and financial details of the sums claimed. Further correspondence ensued between the parties in relation to the claims and ultimately, by letters dated October 27, 1954, the Huddersfield Corporation refused to agree to either of the claims; and on September 9, 1955, the claims were referred to an arbitrator in accordance with the provisions of the Local Government Act, 1929, the Local Government Act, 1933, and the Arbitration Act, 1950. By their points of claim the West Riding County Council claimed a financial adjustment pursuant to section 151 of the Act of 1933. The Huddersfield Corporation in their points of defence alleged that the rights claimed by the county council did not arise within a period of six years in whole or in part before the arbitration or before the making of the claims, and such rights (if any) were therefore barred by virtue of section 2 (1) (d) of the Limitation Act,...

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11 cases
  • Hillingdon London Borough Council v ARC Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 7 April 1998
    ...by them pursuant to statute: Central Electricity Board -v- Halifax Corporation [1963] AC 785 ("the CEB case") and West Riding County Council -v- Huddersfield Corporation [1957] 1 QB 540. (5) A cause of action may accrue for the purposes of Section 9 of the 1980 Act even though a constituent......
  • Decision Nº LCA 43 1999. Upper Tribunal (Lands Chamber), 21-03-2000
    • United Kingdom
    • Upper Tribunal (Lands Chamber)
    • 21 March 2000
    ...174; [1999] Ch 139 Pegler v Railway Executive [1948] AC 332 China v Harrow UDC [1954] 1 QB 178 West Riding CC v Huddersfield Corporation [1957] 1 QB 540 Central Electricity Generating Board v Halifax Corporation [1963] AC 785 Re Farmizer (Products) Ltd [1997] 1 BCLC 589 Leivers v Barber Wal......
  • Nicole Michelle Green v Sheila Agnes Eadie and Others
    • United Kingdom
    • Chancery Division
    • 18 November 2011
    ...on claims for money under an enactment thus constituting an exception to the general rule as regards specialities; West Riding County Council v Huddersfield Corporation [1957] 1 QB 540, Central Electricity Board v Halifax Corporation [1963] AC 785, re Farmizer (Products) Ltd [1997] BCC 655.......
  • Rotherwick's Executors v Oxfordshire County Council
    • United Kingdom
    • Lands Tribunal
    • Invalid date
    • Request a trial to view additional results

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