Best Practice in Compulsory Purchase and Compensation
What is Emerging Best Practice and Why Should You Provide It?
The CPO and compensation landscape is being transformed. The RICS Professional Statement, the CAAV’s Good Practice in Statutory Compensation Claims publication, the CPA’s Land Compensation Claims Protocol, ADR, case law and the procedures of the Upper Tribunal all affect how practitioners must now undertake their work, whether advising claimants or acquiring authorities. Hear what is current and emerging best practice by attending this crucial event.
|12 November 2019||Squire Patton Boggs, Birmingham|
|21 November 2019||Carter Jonas LLP, London|
Note: All prices are to be paid in GBP and are subject to VAT at the prevailing rate
CPT Events would like to thank Squire Patton Boggs, Womble Bond Dickinson and Carter Jonas for the use of their facilities.
Compulsory Purchase is a key tool for bringing forward land for development, whether for regeneration, infrastructure or housing projects. Government and the CPO profession have been pursuing a clearer, fairer, faster system of compulsory purchase to deliver land for development more efficiently
This has led to substantial legislative reform affecting compulsory purchase since 2011. At the same time, there is an increasing focus on modernising behaviours and attitudes, aimed at reducing 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. Expectations for engagement and negotiation practices are evolving.
Practitioners must understand what now represents effective and best practice. Failure to do so could jeopardise a client’s position, increase the risk of avoidable legal challenges, cause delays and may have costs consequences.
Staying up to date with current 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.
Speakers Will Be From...
- 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
- Bethany Reid, Associate, Squire Patton Boggs (UK) LLP
- David Holland, Partner, National Compulsory Purchase & Compensation Team, Squire Patton Boggs (UK) LLP
- Alasdair Lowe MSc MRICS, Associate, Compulsory Purchase and Compensation, Cushman & Wakefield
- Alexander Weatherall, Senior Associate, Squire Patton Boggs (UK) LLP
Welcome & Introduction from the Event Chair - Kate Russell
Introduction - The Consequences of Failing to Embrace Best Practice
- For claimants, acquiring authorities and professional advisors
- The surveyor’s professional role and responsibilities
- Surveyor’s responsibility to the Court/Tribunal
Review of the Catalysts for Change
- RICS Professional Statement
- The CPA’s Land Compensation Claims Protocol
- CAAV’s Compensation Claims guide
- MHCLG guidance
- The march of Mediation and ADR
- MoJ policies
- UT rules & practice directions
- Primary legislation
- Case law
Duties for those Promoting a CPO
- MHCLG guidance
- Using the right powers
- Aylesbury CPO decisions - what can we learn from this?
- Other CPO decisions - a review and commentary of key decisions
- 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
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
- 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
- Mitigation – how to demonstrate it
and when does the need to do so commence?
- Provision of information
- Claim Form
- Advance Payment and Section 52 Request
- Engagement and communication
- Manage the claimant’s expectations
- Building relationships
The Emergence of Alternative Dispute Resolution in CPO Disputes
- Overview of ADR options available
- What are the practical advantages: cost, speed and confidentiality
- Pros and cons of different forms of ADR
- Dispelling the myths:
- What can and can’t be achieved through ADR?
- Do parties have to pursue ADR?
- What are the expectations of the Tribunal?
- Are there consequences of not pursuing ADR?
- Practical guidance on following ADR
- Mediation in a CPO context
Fees and Costs
- Legal basis for fees
- Terms of business
- Fee bases – scale fees vs time and expenses
- What is and is not recoverable
- Costs in ADR
- Costs in the Tribunal and sealed offers
- Costs protection
- Costs shifting powers