Source: All England Reporter
Publisher Citation: [2002] All ER (D) 362 (Jan)
Neutral Citation: [2002] EWCA Civ 279
Court: Court of Appeal, Civil Division
Judge:

Judge, Latham and Arden LJJ

Representation Clive Jones (instructed by Richard Hemmings) for the claimant.
  Aditya Sen (instructed by Amtif & Co) for the first defendant.
  The second defendant did not appear and was not represented.
Judgment Dates: 16 January 2002

Catchwords

Limitation of action - Accrual of cause of action - Action to recover sums recoverable by virtue of statute - Recovery of expenses incurred by local authority in carrying out works under housing legislation - Authority carrying out repairs to house in first defendant's control - Authority seeking recovery of expenses incurred by it in carrying out repairs - Authority making demand for payment - Authority subsequently seeking possession by way of charge coming into existence by virtue of statute - Whether charge coming into existence on service of demand -  10, para 3(3).

The Case

The words 'take effect' in para3(3) of Sch10 to the which stated that a charge which resulted from an amount owed outstanding to a local authority for work it had done one a property would not take effect until 21 days after the service of a demand, clearly meant that it would only then (21 days after service) be fully constituted and created.

Practice Areas

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