Business Disturbance Claims in 2017
Principles into Practice
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?
|29 November 2017||Eversheds Sutherland, Manchester|
|17 April 2018||Eversheds Sutherland LLP, London||£280||BOOK|
Note: All prices are subject to VAT at the prevailing rate
CPT Events would like to thank Eversheds Sutherland for the use of their facilities.
It is an area which can cause confusion and conflict. There are a host of issues including:
- What is the entitlement to disturbance compensation?
- The validity of the 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
- Can you rely on unaudited accounts?
- Assessing temporary and permanent loss of profits
- Dealing with, and valuing plant and machinery in a “notional sale” environment
With major infrastructure and regeneration compulsory purchase orders coming forward, many businesses are going to be caught up in CPOs. Business disturbance will become a key battleground between the acquiring authority and legitimate claimants.
Understandably, claimants wish to maximise their compensation, but unrealistically high claims are often submitted, or valid heads of claim omitted, due to a lack of understanding of the relevant statutory provisions and supporting case law. Similarly, acquiring authorities may seek to protect the public purse and make initial offers at the lower end of the spectrum. The differences in approach and opinions need to be addressed and there is a vital role for surveyors and accountants in providing sound and informed advice.
This full day programme will explain the principles and law of disturbance and promote best practice, and highlight the consequences of getting it wrong.
The programme is aimed at all who are involved in compulsory purchase and will be particularly relevant to surveyors and lawyers and will be delivered by highly experienced practitioners.
Welcome and introduction
Entitlement to disturbance compensation
Principles of Compensation
- Post Valuation date evidence
- Pre-valuation date losses
- What is not covered?
Developing and presenting the Claim
Purgatory: Do you settle or go to Tribunal?
Skills for being an expert witness
Approaches to assessing compensation:
- The surveyor’s approach
- Analysis of comparable evidence by accountants
- Accounting adjustments
- Things you should know about financial statements – lies, damn lies and annual reports
- How size and comparables can impact on value
Extinguishment v loss of profits, and partial extinguishment
Business Valuation Case Study
A review of relevant statute and case law
Questions and Answers