CPT Events

Promoting and enhancing best practice and technical expertise

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?

Date Venue Price  
29 November 2017 Eversheds Sutherland, Manchester £280 BOOK
11 December 2017 Eversheds Sutherland, London £280 BOOK

Note: All prices are subject to VAT at the prevailing rate

Event duration: Day Event (5 hours 15 minutes CPD) (Lunch Included).
Registration from: 9.30. Event starts at: 9.55. Event finishes at: 16.15.

CPT Events would like to thank Eversheds Sutherland for the use of their facilities.

Please download and print your full course brochure here

Assessing business disturbance claims requires knowledge and application of the relevant principles and law. What can go into a claim and how is it assessed, and what happens if you don’t settle?

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. 

Speakers

Programme

Welcome and introduction

Entitlement to disturbance compensation

Principles of Compensation

Gathering Evidence 

Other Matters

  • 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

For the full programme please see the downloadable PDF above