Compulsory Purchase & Compensation - Avoiding and Resolving Disputes - Strategies & Tactics
The introduction of the RICS practice statement 'Surveyors Advising In Respect Of Compulsory Purchase and Compensation', and repeated judicial criticism of expert witnesses appearing before the Upper Tribunal and courts, creates an imperative for all practitioners, to carefully consider how they might avoid, or resolve disputes, without resort to litigation, whenever possible. This is a must attend event.
|12 September 2017||Pinsent Masons, London|
Note: All prices are subject to VAT at the prevailing rate
“Compulsory purchase is becoming increasingly adversarial. A culture has developed between acquiring authorities, and claimant advisors, in which there is a lack of constructive engagement. Positions are increasingly polarised, conflict increases, and timescales grow…and costs to the public purse escalated.” - CPA proposals for the reform of CPO law and practice, November 2016.
Advisors on both sides need to start from realistic positions, provide information to each other, constructively engage, and meaningfully try to settle. Low opening offers from acquiring authorities that rise rapidly during negotiation, or inflated claims from claimant advisors create battle lines, intransigence, and a lack of confidence when settling on an agreed compensation sum. It is perhaps easy to see why the parties sometimes feel that litigation is the only way to resolve the dispute.
When negotiation fails, cases will be won and lost in three areas;
- The documentary evidence in the files, and the actions the parties took.
- The Tribunal will not look favourably on parties that have failed to meaningfully engage, nor who have not acted in the interests of the Court.
- In the quality and presentation of evidence to the Tribunal.
The introduction of the RICS practice statement, the potential consequences of failure to adhere to it, along with the willingness of the Tribunal to criticise those that appear before them, are all compelling reasons to attend this seminar. It will cover good and effective practice, talking about case management and avoiding and resolving disputes.
Who should attend?
Valuers, solicitors, promoters, and developers involved in CPO schemes, forensic accountants and other specialists; those affected by schemes such as HS2, Crossrail 2, and Heathrow third runway.
- Colin Smith, Senior Director, CBRE
- Peter McCrea FRICS FCIArb, Surveyor Member, Upper Tribunal (Lands Chamber) Royal Courts of Justice
- Raj Gupta BA (Hons) CPE, Legal Director, Pinsent Masons LLP
- Colin Cottage BSc (Hons) MRICS IRRV, CPA Chair, Partner, Head of Regeneration & Infrastructure, Glenny LLP
- Andrew Highwood, Chairman, RICS CPO Policy Panel and Director, Savills
- Meyric Lewis, Barrister , Francis Taylor Building
- Welcome and introduction from chairman
- Nature and form of CPO disputes and a review of some recent cases which highlight the problem.
- How to avoid disputes
- Moving From negotiation to litigation (from advisor to expert)
RICS CPO Professional Statement
- Taking on a case as a new instruction
- Inheriting a case that others have previously been instructed and participated in
- Resolution procedures - UT, ADR, Expert Determination, Early Neutral Evaluation - a practical approach
solicitor's perspective managing UT proceedings
- Appearing at the Tribunal
- Being an Expert Witness - How to present and conduct yourself
- Examination strategies
- Challenging the witness: cross examination
- Snatching defeat from the jaws of victory - Costs and Proportionality (A panel led session)
- Question and answer session