CPO Talking Heads: February 2023

Business Disturbance Claims

This module runs as an informal discussion with a small panel of leading and informed practitioners extracting the nuances from this months topic "Business Disturbance Claims". It will discuss practical issues that arise, with participants in the meeting being encouraged to listen, join in, ask questions and share comments.

Module Duration: 1 hours 2 minutes

Recorded: 06/02/2023

Areas covered

Please note there are no slides accompanying this recording. 

Determining compulsory purchase compensation in a ‘business disturbance’ claim is complex. How is compensation assessed and what are the procedures and rules to follow to deliver fair and full compensation?

This area of CPO practice is where surveying valuation methodology interact with accounting business valuation methodology. Optical Express (Southern) Ltd v Birmingham City Council [2004] was the big bang between these two approaches.

These days, few Business Disturbance disputes seek to promote one valuation approach over the other; it is more a case of using both and understanding when it is appropriate to use them both, and how much weight should be applied to the numbers. Claimant representatives need to understand both approaches and how they are applied and so too acquiring authorities reviewing such claims.

It is an area which can cause confusion and conflict. The event will look at:

• Entitlement to disturbance compensation
• What can go into a heads of claim?
• How to value, and which approach to take - valuers, business transfer agents and accountants have different valuation methodologies
• Gathering and weighing appropriate evidence
• When negotiation fails, the causes of business disturbance disputes

February's Talking Heads

• David Holland, Chair, The Affected Parties working Group, Vice Chair of the CPA and Partner, Squire Patton Boggs (UK) LLP
• Tom Aslin, Partner, Kingston Smith LLP
• James Dewey BSc MRICS, Director - Head of Compulsory Purchase & Compensation, Gateley Hamer
• Melissa Murphy KC, Barrister, Francis Taylor Building

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