Land Compensation Claims Protocol 2018
This protocol applies to any claim for compensation made by a claimant to a compensating authority that would, in the absence of agreement between the parties, involve a reference to the Upper Tribunal (Lands Chamber) under Part 5 of the Upper Tribunal (Lands Chamber) Procedure Rules 2010 (as amended) (“Rules”)1 . It does not apply to any matter that would be referred under Part 5 but which does not involve a Compensation Claim.
*The Land Compensation Claims Protocol is now adopted by the CPA
How have we got here
As members will know, we undertook a 10 week consultation on a draft Land Compensation Claims Protocol between May and July this year. Following the consultation we made some minor amendments to the Protocol and asked members in September whether they wanted the CPA to adopt it. We had overwhelming support (over 94% of the vote) for the CPA to adopt the Protocol.
For details of the protocol, click here
What does this mean?
- The CPA has now adopted the Land Compensation Claims Protocol.
- The Protocol is a statement of best practice in relation to land compensation claims for the guidance of members and non-members.
- The CPA will not sanction members that do not follow the Protocol, however the CPA encourages members to meet the standards of the Protocol and for members to be able to expect other members to do the same. The intention is that the Protocol becomes a best practice standard against which the conduct of the parties (whether members or not) in land compensation claim cases can be measured by professionals, clients and ultimately the Upper Tribunal.
- The Protocol will be reviewed by the CPA Board on an ongoing basis in consultation with stakeholders. Please feel free to send your experience of using the Protocol through to Board members so these can be taken into account on review. The Board will consult with the CPA membership on any material changes to the Protocol to ensure the endorsement of members remains valid.
- The CPA will share the results with other interested stakeholders and, where applicable, ask these bodies to convey the existence of the Protocol to their members.