Best Practice in Compulsory Purchase and Compensation
What Is Emerging Best Practice and Why Should You Provide It?
The RICS Professional
Statement, the CAAV’s Compensation Claims guide, the CPA’s draft Land
Compensation Claims Protocol,
developments in early engagement, ADR, case law and the procedures of the Upper
Tribunal are transforming the landscape in how practitioners, whether advising
claimants or, acquiring authorities, undertake their work. Hear what is current and emerging best
practice by attending this crucial event.
Start Date | Venue | Price | |
---|---|---|---|
7 November 2018 | Cedar Court Hotel, Wakefield | ||
15 November 2018 | Holiday Inn M5, Taunton | ||
29 November 2018 | Carter Jonas LLP, London | ||
5 December 2018 | The Park Royal Hotel, Warrington | ||
11 December 2018 | The Regency Hotel, Solihull |
Note: All prices are to be paid in GBP and are subject to VAT at the prevailing rate
Download and print your full course brochure here
not available
This has led to a substantial body of legislative
reforms affecting compulsory purchase since 2011. At the same time, the
landscape is changing and there is an increasing focus on updating behaviours
and attitudes to reduce conflict and delay. The impact on those affected by schemes when
determining the balance of a 'compelling
case in the public interest' has grown in importance and expectations for
engagement and negotiation practices are evolving.
Compulsory purchase and compensation practice is
evolving rapidly and practitioners are expected to stay abreast of what
represents effective and best practice.
Failure to do so could jeopardise a client’s position, whether claimant
or acquiring authority, increasing the
risk of unnecessary legal challenges, delays and increased costs.
Staying up to date with revised standards,
expectations and trends is essential in promoting and objecting to compulsory
purchase powers effectively and settling compensation successfully.
This is a comprehensive programme reviewing the existing and emerging processes and expectations within CPO and compensation work.
This afternoon event will appeal to solicitors, planners, developers and their agents, claimants, lobby groups and objectors, as well as regulatory authorities and public bodies
Speakers
- Kate Russell BSc (Hons) MRICS FAAV, Technical and Policy Adviser, Central Association of Agricultural Valuers
- Paul Astbury BSc (Hons) FRICS, Partner, Head of Compulsory Purchase, Carter Jonas LLP
- David Holland, Immediate Past Chair of the CPA and Partner, Squire Patton Boggs (UK) LLP
- Alasdair Lowe MRICS, Director of Valuation, Certus Property
- Simon Cook BSc (Hons) MRICS, Managing Director, Roger Hannah Ltd
- Alexander Weatherall, Senior Associate, Squire Patton Boggs (UK) LLP
Programme
Please Note: Alasdair Lowe will be speaking on the 29th November (London) and on the 11th December (Solihull), Simon Cook will be taking his place and speaking on the 5th December (Warrington). Alexander Weatherall will be speaking on 29th November (London) only.
Introduction - The Consequences of Failing to Embrace Best Practice
- To
claimants, acquiring authorities, and professional advisors
- Impact
on claimants
- Professional
responsibilities imposed by your profession
- Are
there any requirements on those without professional affiliation?
- Your
professional duties -v- demands of clients
- Your professional duties -v- demands by your AA employment and service contract
- Responsibility to the Court/Tribunal
Overview: The Catalysts for Change and How it is Evolving
- RICS
Professional Statement
- CAAV’s
Compensation claims guide
- The
CPA’s Land Compensation Claims Protocol
- The
march of Mediation and ADR
- MoJ
policies
- UT
rules & practice directions
- MHCLG
guidance
- Primary legislation
- Case law
Establishing Value
- What
is and what isn’t a Red Book valuation
- Does
the Red Book apply to CPO valuations?
- Delving into PS1 and PS2; and reviewing VPS 1-5
- RICS CPO PS and claim levels
Duties for those Promoting a CPO
- MHCLG
guidance
- Using the right powers
- Documentation
- Aylesbury CPO decisions - what can we learn from this?
- Other CPO decisions - a review and commentary of key decisions
Requirements on Acquiring Authorities Pre Inquiry
- Engagement - what and when?
- Making
first contact - the critical steps
- Incentives:
a double edged sword
- Making
offers: get it right first time
- Flexibility
- Is
“not before date” any value to a claimant?
- Tips and traps
- Avoiding legal challenge
Requirements on Acquiring Authorities - Implementing the
Powers
- Relocation
Strategies
- Actions
post confirmation prior to taking possession
- Mitigation
and minimising extinguishment claims
- Possession
practicalities
- Advance
payments
- Interest payments
- Building Relationships
Requirements on Claimants and their Advisors
- The
RICS Professional Statement
- CAAV
Compensation Claims Guide
- The
Draft CPA Land Compensation Claims Protocol
- Provision of information
- Claims Form
- Advance Payment and Section 52 Requests
- Engage
and communicate
- Manage the claimant's expectations
- Building relationships
Temporary Possession
- The
current regime within the Planning Act 2008 and Transport and Works Act
1992
- The
catch all for promoters?
- Where is best practice currently?
- All change: post implementation of enabling Regulations from the Housing and Planning Act 2016
‘The Telecoms Code’ - Electronic Communications Code
- A
summary and background of the changes in the law
- A commentary of what’s happening in the market
- What’s best practice?
The Emergence of Alternative Dispute Resolution in CPO
disputes
- Overview
of ADR options available
- Pros and cons of different
forms of ADR
- Cracking the
myths:
- What can and
can’t be achieved through ADR?
- Do parties have
to follow ADR?
- What are the expectations
of the Tribunal?
- Are there
consequences of not pursuing ADR?
- Practical guidance on following ADR
- Case study on mediation in a CPO context
Fees and Costs
- How
to set up fee arrangements with clients
- Good
housekeeping
- Can
acquiring authorities impose limits on hourly rates
- What
is recoverable
- Costs
in ADR
- Costs
in the Tribunal and sealed offers
- The hard truth, you could win at UT but loose on costs
- The impact of Meredith v Kings Lynn (where a pre-reference offer was accepted as the equivalent of a sealed offer even though it had been withdrawn) and Bishops v TfL (where the AA was awarded 80% of its pre-sealed offer costs)
Changes on the Horizon
- Single
joint expert valuations
- RICS adopted method of ADR?
- Use of the Lower Tribunal (Lands Chamber) for smaller of less complex compensation cases?