CPO Talking Heads: September 2023
When: Monday 25 September
Location: Virtual Forum
Timings: Registration: 12.55, Start: 13.00; Close: 14.00
CPD Hours: 1 Hour
Price: Free for CPA Members (£40 + VAT for Non Members)
September's Discussion: The Land Compensation Claims Protocol
The Land Compensation Claims Protocol was conceived by The Compulsory Purchase Association 9 years ago and published in 2018 after consultation with the Tribunal and support from the membership. Its purpose was to encourage parties in land compensation disputes to engage in a meaningful and effective way. It seeks to resolve disputes, prior to any reference to the Upper Tribunal (Lands Chamber) being made.
The Protocol is a statement of best practice in relation to land compensation claims and should be used by both members and non-members. It provides guidance for all parties and practitioners engaged in compulsory purchase and other land compensation matters. Whilst it is not mandated for CPO practitioners to apply it, the Upper Tribunal’s Practice Direction encourages parties to use it and states that the Tribunal will take an unreasonable refusal to follow the Protocol into account when deciding what order for costs to make at the conclusion of the reference.
- What the Protocol covers and is there a need to revise it?
- Has the Protocol been widely followed and is it effectively used by the industry?
- How does the Upper Tribunal regard the Protocol and to what extent is non-compliance taken into account as part of its decision making, including in relation to assessment of costs?
- What is the relationship between the Protocol and other professional regulations/guidance, such as the RICS Professional Statement “Surveyors Advising in Respect of Compulsory Purchase and Statutory Compensation”?
- Does the Protocol need to carry more weight and carry sanctions for non-compliance and, if so, how might this be achieved?
- What role does Alternative Dispute Resolution have to play in achieving the best practice aims of the Protocol?
David Holland, Chair, The Affected Parties working Group, Vice Chair of the CPA and Partner, Squire Patton Boggs (UK) LLP
Meyric Lewis KC, Barrister, Francis Taylor Building
Haley Gore, Senior Associate, Eversheds Sutherland
Simon Layland, Dispute Manager - Land & Property, HS2 Ltd